77 | | - | amendment. If the committees schedule such hearing, the commissioner 50 |
---|
78 | | - | shall not submit such state plan amendment for federal approval unless 51 |
---|
79 | | - | the committees vote to approve the state plan amendment in accordance 52 |
---|
80 | | - | with subsection (a) of this section. If the committees approve such state 53 |
---|
81 | | - | plan amendment with amendments, the commissioner shall submit 54 |
---|
82 | | - | such state plan amendment as amended by the committees. 55 |
---|
83 | | - | Sec. 3. (NEW) (Effective July 1, 2025) The Commissioner of Social 56 |
---|
84 | | - | Services shall submit any Medicaid state plan amendment subject to the 57 |
---|
85 | | - | provisions of subsection (e) of section 17b-8 of the general statutes, as 58 |
---|
86 | | - | amended by this act, for review to the Council on Medical Assistance 59 |
---|
87 | | - | Program Oversight, established pursuant to section 17b-28 of the 60 |
---|
88 | | - | general statutes, not later than thirty days prior to the commissioner's 61 |
---|
89 | | - | submission of such amendment for federal approval. 62 |
---|
90 | | - | Sec. 4. (NEW) (Effective November 1, 2025) (a) As used in this section, 63 |
---|
91 | | - | (1) "authorized wheelchair dealer", "timely repair" and "wheelchair" 64 |
---|
92 | | - | have the same meanings as provided in section 42-337 of the general 65 |
---|
93 | | - | statutes; and (2) "systemic noncompliance" means the failure by an 66 |
---|
94 | | - | authorized wheelchair dealer to meet timely repair requirements in 67 |
---|
95 | | - | accordance with section 42-338 of the general statutes for more than five 68 |
---|
96 | | - | per cent of repair requests in a thirty-day period. 69 |
---|
97 | | - | (b) On and after November 1, 2025, it shall be an unfair or deceptive 70 |
---|
98 | | - | act or practice pursuant to subsection (a) of section 42-110b of the 71 |
---|
99 | | - | general statutes for an authorized wheelchair dealer whose repair 72 |
---|
100 | | - | record meets the definition of systemic noncompliance to fail to comply 73 |
---|
101 | | - | with timely repair requirements in accordance with section 42-338 of the 74 |
---|
102 | | - | general statutes. 75 |
---|
| 82 | + | LCO No. 4290 3 of 38 |
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| 83 | + | |
---|
| 84 | + | exceed five per cent, except that the payment standards for the fiscal 47 |
---|
| 85 | + | years ending June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013, 48 |
---|
| 86 | + | June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019, June 30, 2020, 49 |
---|
| 87 | + | [and] June 30, 2021, June 30, 2026, and June 30, 2027, shall not be 50 |
---|
| 88 | + | increased. 51 |
---|
| 89 | + | Sec. 3. Subsection (a) of section 17b-106 of the general statutes is 52 |
---|
| 90 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 53 |
---|
| 91 | + | 2025): 54 |
---|
| 92 | + | (a) On July 1, 1989, and annually thereafter, the commissioner shall 55 |
---|
| 93 | + | increase the adult payment standards over those of the previous fiscal 56 |
---|
| 94 | + | year for the state supplement to the federal Supplemental Security 57 |
---|
| 95 | + | Income Program by the percentage increase, if any, in the most recent 58 |
---|
| 96 | + | calendar year average in the consumer price index for urban consumers 59 |
---|
| 97 | + | over the average for the previous calendar year, provided the annual 60 |
---|
| 98 | + | increase, if any, shall not exceed five per cent, except that the adult 61 |
---|
| 99 | + | payment standards for the fiscal years ending June 30, 1993, June 30, 62 |
---|
| 100 | + | 1994, June 30, 1995, June 30, 1996, June 30, 1997, June 30, 1998, June 30, 63 |
---|
| 101 | + | 1999, June 30, 2000, June 30, 2001, June 30, 2002, June 30, 2003, June 30, 64 |
---|
| 102 | + | 2004, June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008, June 30, 65 |
---|
| 103 | + | 2009, June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013, June 30, 66 |
---|
| 104 | + | 2016, June 30, 2017, June 30, 2018, June 30, 2019, June 30, 2020, [and] June 67 |
---|
| 105 | + | 30, 2021, June 30, 2026, and June 30, 2027, shall not be increased. 68 |
---|
| 106 | + | Effective October 1, 1991, the coverage of excess utility costs for 69 |
---|
| 107 | + | recipients of the state supplement to the federal Supplemental Security 70 |
---|
| 108 | + | Income Program is eliminated. Notwithstanding the provisions of this 71 |
---|
| 109 | + | section, the commissioner may increase the personal needs allowance 72 |
---|
| 110 | + | component of the adult payment standard as necessary to meet federal 73 |
---|
| 111 | + | maintenance of effort requirements. 74 |
---|
| 112 | + | Sec. 4. Subsection (a) of section 17b-112g of the general statutes is 75 |
---|
| 113 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 76 |
---|
| 114 | + | 2025): 77 |
---|
| 115 | + | Governor's Bill No. 1251 |
---|
| 116 | + | |
---|
| 117 | + | |
---|
| 118 | + | |
---|
| 119 | + | LCO No. 4290 4 of 38 |
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| 120 | + | |
---|
| 121 | + | (a) The Commissioner of Social Services shall offer immediate 78 |
---|
| 122 | + | diversion assistance designed to prevent certain families who are 79 |
---|
| 123 | + | applying for monthly temporary family assistance from needing such 80 |
---|
| 124 | + | assistance. Diversion assistance shall be offered to families that (1) upon 81 |
---|
| 125 | + | initial assessment are determined eligible for temporary family 82 |
---|
| 126 | + | assistance, (2) demonstrate a short-term need that cannot be met with 83 |
---|
| 127 | + | current or anticipated family resources, and (3) with the provision of a 84 |
---|
| 128 | + | service or short-term benefit, would be prevented from needing 85 |
---|
| 129 | + | monthly temporary family assistance. [Within resources available to the 86 |
---|
| 130 | + | Department of Social Services, a person who requests diversion 87 |
---|
| 131 | + | assistance on the basis of being a victim of domestic violence, as defined 88 |
---|
| 132 | + | in section 17b-112a, shall be deemed to satisfy subdivision (2) of this 89 |
---|
| 133 | + | subsection and shall not be subject to the requirements of subdivision 90 |
---|
| 134 | + | (3) of this subsection. In determining whether the family of such a victim 91 |
---|
| 135 | + | of domestic violence satisfies the requirements of subdivision (1) of this 92 |
---|
| 136 | + | subsection and the appropriate amount of diversion assistance to 93 |
---|
| 137 | + | provide, the commissioner shall not include as a member of the family 94 |
---|
| 138 | + | the spouse, domestic partner or other household member credibly 95 |
---|
| 139 | + | accused of domestic violence by such victim, nor shall the commissioner 96 |
---|
| 140 | + | count the income or assets of such a spouse, domestic partner or other 97 |
---|
| 141 | + | household member. For purposes of this subsection, allegations of 98 |
---|
| 142 | + | domestic violence may be substantiated by the commissioner pursuant 99 |
---|
| 143 | + | to the provisions of subsection (b) of section 17b-112a.] 100 |
---|
| 144 | + | Sec. 5. Section 17b-191 of the general statutes is repealed and the 101 |
---|
| 145 | + | following is substituted in lieu thereof (Effective July 1, 2025): 102 |
---|
| 146 | + | (a) Notwithstanding the provisions of sections 17b-190, 17b-195 and 103 |
---|
| 147 | + | 17b-196, the Commissioner of Social Services shall operate a state-104 |
---|
| 148 | + | administered general assistance program in accordance with this section 105 |
---|
| 149 | + | and sections 17b-131, 17b-193, 17b-194, 17b-197 and 17b-198. 106 |
---|
| 150 | + | Notwithstanding any provision of the general statutes, on and after 107 |
---|
| 151 | + | October 1, 2003, no town shall be reimbursed by the state for any general 108 |
---|
| 152 | + | assistance medical benefits incurred after September 30, 2003, and on 109 |
---|
| 153 | + | and after March 1, 2004, no town shall be reimbursed by the state for 110 |
---|
| 154 | + | Governor's Bill No. 1251 |
---|
| 155 | + | |
---|
| 156 | + | |
---|
| 157 | + | |
---|
| 158 | + | LCO No. 4290 5 of 38 |
---|
| 159 | + | |
---|
| 160 | + | any general assistance cash benefits or general assistance program 111 |
---|
| 161 | + | administrative costs incurred after February 29, 2004. 112 |
---|
| 162 | + | (b) The state-administered general assistance program shall provide 113 |
---|
| 163 | + | cash assistance of (1) two hundred dollars per month for an 114 |
---|
| 164 | + | unemployable person upon determination of such person's 115 |
---|
| 165 | + | unemployability; (2) two hundred dollars per month for a transitional 116 |
---|
| 166 | + | person who is required to pay for shelter; and (3) fifty dollars per month 117 |
---|
| 167 | + | for a transitional person who is not required to pay for shelter. The 118 |
---|
| 168 | + | standard of assistance paid for individuals residing in rated boarding 119 |
---|
| 169 | + | facilities shall remain at the level in effect on August 31, 2003. No person 120 |
---|
| 170 | + | shall be eligible for cash assistance under the program if eligible for cash 121 |
---|
| 171 | + | assistance under any other state or federal cash assistance program. The 122 |
---|
| 172 | + | standards of assistance set forth in this subsection shall be subject to 123 |
---|
| 173 | + | annual increases, as described in subsection (b) of section 17b-104, as 124 |
---|
| 174 | + | amended by this act. 125 |
---|
| 175 | + | (c) To be eligible for cash assistance under the program, a person shall 126 |
---|
| 176 | + | (1) be (A) eighteen years of age or older; (B) a minor found by a court to 127 |
---|
| 177 | + | be emancipated pursuant to section 46b-150; or (C) under eighteen years 128 |
---|
| 178 | + | of age and the commissioner determines good cause for such person's 129 |
---|
| 179 | + | eligibility, and (2) not have assets exceeding five hundred dollars or, if 130 |
---|
| 180 | + | such person is married, such person and his or her spouse shall not have 131 |
---|
| 181 | + | assets exceeding one thousand dollars. In determining eligibility, the 132 |
---|
| 182 | + | commissioner shall not consider as income (A) Aid and Attendance 133 |
---|
| 183 | + | pension benefits granted to a veteran, as defined in section 27-103, or the 134 |
---|
| 184 | + | surviving spouse of such veteran; and (B) any tax refund or advance 135 |
---|
| 185 | + | payment with respect to a refundable credit to the same extent such 136 |
---|
| 186 | + | refund or advance payment would be disregarded under 26 USC 6409 137 |
---|
| 187 | + | in any federal program or state or local program financed in whole or in 138 |
---|
| 188 | + | part with federal funds. No person who is a substance abuser and 139 |
---|
| 189 | + | refuses or fails to enter available, appropriate treatment shall be eligible 140 |
---|
| 190 | + | for cash assistance under the program until such person enters 141 |
---|
| 191 | + | treatment. No person whose benefits from the temporary family 142 |
---|
| 192 | + | assistance program have terminated as a result of time-limited benefits 143 |
---|
| 193 | + | Governor's Bill No. 1251 |
---|
| 194 | + | |
---|
| 195 | + | |
---|
| 196 | + | |
---|
| 197 | + | LCO No. 4290 6 of 38 |
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| 198 | + | |
---|
| 199 | + | or for failure to comply with a program requirement shall be eligible for 144 |
---|
| 200 | + | cash assistance under the program. 145 |
---|
| 201 | + | (d) Prior to or upon discontinuance of assistance, a person previously 146 |
---|
| 202 | + | determined to be a transitional person may petition the commissioner 147 |
---|
| 203 | + | to review the determination of his or her status. In such review, the 148 |
---|
| 204 | + | commissioner shall consider factors, including, but not limited to: (1) 149 |
---|
| 205 | + | Age; (2) education; (3) vocational training; (4) mental and physical 150 |
---|
| 206 | + | health; and (5) employment history and shall make a determination of 151 |
---|
| 207 | + | such person's ability to obtain gainful employment. 152 |
---|
| 208 | + | [(e) Notwithstanding any other provision of this section or section 153 |
---|
| 209 | + | 17b-194, a victim of domestic violence, as defined in section 17b-112a, 154 |
---|
| 210 | + | who is not eligible for diversion assistance under the provisions of 155 |
---|
| 211 | + | section 17b-112g, shall be eligible for a one-time assistance payment 156 |
---|
| 212 | + | under the state-administered general assistance program within 157 |
---|
| 213 | + | resources available to the Department of Social Services. Such payment 158 |
---|
| 214 | + | shall be equivalent to that which such victim would be entitled to 159 |
---|
| 215 | + | receive as diversion assistance if such victim and his or her family, if 160 |
---|
| 216 | + | any, were eligible for diversion assistance. In determining whether and 161 |
---|
| 217 | + | in what amount a victim of domestic violence and his or her family are 162 |
---|
| 218 | + | eligible for a one-time assistance payment pursuant to this subsection, 163 |
---|
| 219 | + | the commissioner shall not include as a member of such victim's family 164 |
---|
| 220 | + | the spouse, domestic partner or other household member credibly 165 |
---|
| 221 | + | accused of domestic violence by such victim, nor shall the commissioner 166 |
---|
| 222 | + | count the income or assets of such a spouse, domestic partner or other 167 |
---|
| 223 | + | household member. For purposes of this subsection, allegations of 168 |
---|
| 224 | + | domestic violence may be substantiated by the commissioner pursuant 169 |
---|
| 225 | + | to the provisions of subsection (b) of section 17b-112a, and "family" has 170 |
---|
| 226 | + | the same meaning as used in section 17b-112, except as otherwise 171 |
---|
| 227 | + | provided in this subsection.] 172 |
---|
| 228 | + | Sec. 6. Section 17b-278l of the general statutes is repealed and the 173 |
---|
| 229 | + | following is substituted in lieu thereof (Effective July 1, 2025): 174 |
---|
| 230 | + | Governor's Bill No. 1251 |
---|
| 231 | + | |
---|
| 232 | + | |
---|
| 233 | + | |
---|
| 234 | + | LCO No. 4290 7 of 38 |
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| 235 | + | |
---|
| 236 | + | (a) (1) As used in this section, "bariatric surgery" means surgical 175 |
---|
| 237 | + | changes to the digestive system to help a patient with obesity to lose 176 |
---|
| 238 | + | weight; 177 |
---|
| 239 | + | (2) "Body mass index" means the number calculated by dividing an 178 |
---|
| 240 | + | individual's weight in kilograms by the individual's height in meters 179 |
---|
| 241 | + | squared; 180 |
---|
| 242 | + | (3) "Medical services" means (A) prescription drugs approved by the 181 |
---|
| 243 | + | federal Food and Drug Administration for the treatment of obesity on 182 |
---|
| 244 | + | an outpatient basis for individuals with type 2 diabetes and prescription 183 |
---|
| 245 | + | drugs approved by the federal Food and Drug Administration on an 184 |
---|
| 246 | + | outpatient basis for the treatment of a comorbid condition for 185 |
---|
| 247 | + | individuals with obesity, subject to prior authorization and only after 186 |
---|
| 248 | + | step therapy when clinically appropriate, and (B) nutritional counseling 187 |
---|
| 249 | + | provided by a registered dietitian-nutritionist certified pursuant to 188 |
---|
| 250 | + | section 20-206n; 189 |
---|
| 251 | + | (4) "Severe obesity" means a body mass index that is: 190 |
---|
| 252 | + | (A) Greater than forty; or 191 |
---|
| 253 | + | (B) Thirty-five or more if an individual has been diagnosed with a 192 |
---|
| 254 | + | comorbid disease or condition, including, but not limited to, a 193 |
---|
| 255 | + | cardiopulmonary condition, diabetes, hypertension or sleep apnea; and 194 |
---|
| 256 | + | (5) "Obesity" means a body mass index of thirty or higher. 195 |
---|
| 257 | + | (b) The Commissioner of Social Services shall [provide medical 196 |
---|
| 258 | + | assistance] amend the Medicaid state plan and the state plan for the 197 |
---|
| 259 | + | Children's Health Insurance Program to implement the provisions of 198 |
---|
| 260 | + | this section and provide coverage under the Medicaid program, in 199 |
---|
| 261 | + | accordance with federal law, for (1) bariatric surgery and related 200 |
---|
| 262 | + | medical services for Medicaid and HUSKY B beneficiaries with severe 201 |
---|
| 263 | + | obesity, and (2) medical services for Medicaid and HUSKY B 202 |
---|
| 264 | + | beneficiaries with a body mass index greater than thirty-five, provided 203 |
---|
| 265 | + | Governor's Bill No. 1251 |
---|
| 266 | + | |
---|
| 267 | + | |
---|
| 268 | + | |
---|
| 269 | + | LCO No. 4290 8 of 38 |
---|
| 270 | + | |
---|
| 271 | + | such beneficiaries otherwise meet conditions set by the Centers for 204 |
---|
| 272 | + | Medicare and Medicaid Services for such surgery and medical services. 205 |
---|
| 273 | + | If necessary, the commissioner may amend the Medicaid state plan and 206 |
---|
| 274 | + | the state plan for the Children's Health Insurance Program to implement 207 |
---|
| 275 | + | the provisions of this section. 208 |
---|
| 276 | + | (c) Notwithstanding the provisions of subsection (b) of section 17b-209 |
---|
| 277 | + | 274f, any step therapy that may be required by the Commissioner of 210 |
---|
| 278 | + | Social Services pursuant to the provisions of this section may be for a 211 |
---|
| 279 | + | period of time not longer than one hundred eighty days. 212 |
---|
| 280 | + | Sec. 7. Subsection (a) of section 17b-244 of the general statutes is 213 |
---|
| 281 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 214 |
---|
| 282 | + | 2025): 215 |
---|
| 283 | + | (a) The room and board component of the rates to be paid by the state 216 |
---|
| 284 | + | to private facilities and facilities operated by regional education service 217 |
---|
| 285 | + | centers which are licensed to provide residential care pursuant to 218 |
---|
| 286 | + | section 17a-227, but not certified to participate in the Title XIX Medicaid 219 |
---|
| 287 | + | program as intermediate care facilities for individuals with intellectual 220 |
---|
| 288 | + | disabilities, shall be determined annually by the Commissioner of Social 221 |
---|
| 289 | + | Services, except that rates effective April 30, 1989, shall remain in effect 222 |
---|
| 290 | + | through October 31, 1989. Any facility with real property other than 223 |
---|
| 291 | + | land placed in service prior to July 1, 1991, shall, for the fiscal year 224 |
---|
| 292 | + | ending June 30, 1995, receive a rate of return on real property equal to 225 |
---|
| 293 | + | the average of the rates of return applied to real property other than land 226 |
---|
| 294 | + | placed in service for the five years preceding July 1, 1993. For the fiscal 227 |
---|
| 295 | + | year ending June 30, 1996, and any succeeding fiscal year, the rate of 228 |
---|
| 296 | + | return on real property for property items shall be revised every five 229 |
---|
| 297 | + | years. The commissioner shall, upon submission of a request by such 230 |
---|
| 298 | + | facility, allow actual debt service, comprised of principal and interest, 231 |
---|
| 299 | + | on the loan or loans in lieu of property costs allowed pursuant to section 232 |
---|
| 300 | + | 17-313b-5 of the regulations of Connecticut state agencies, whether 233 |
---|
| 301 | + | actual debt service is higher or lower than such allowed property costs, 234 |
---|
| 302 | + | provided such debt service terms and amounts are reasonable in 235 |
---|
| 303 | + | Governor's Bill No. 1251 |
---|
| 304 | + | |
---|
| 305 | + | |
---|
| 306 | + | |
---|
| 307 | + | LCO No. 4290 9 of 38 |
---|
| 308 | + | |
---|
| 309 | + | relation to the useful life and the base value of the property. In the case 236 |
---|
| 310 | + | of facilities financed through the Connecticut Housing Finance 237 |
---|
| 311 | + | Authority, the commissioner shall allow actual debt service, comprised 238 |
---|
| 312 | + | of principal, interest and a reasonable repair and replacement reserve 239 |
---|
| 313 | + | on the loan or loans in lieu of property costs allowed pursuant to section 240 |
---|
| 314 | + | 17-313b-5 of the regulations of Connecticut state agencies, whether 241 |
---|
| 315 | + | actual debt service is higher or lower than such allowed property costs, 242 |
---|
| 316 | + | provided such debt service terms and amounts are determined by the 243 |
---|
| 317 | + | commissioner at the time the loan is entered into to be reasonable in 244 |
---|
| 318 | + | relation to the useful life and base value of the property. The 245 |
---|
| 319 | + | commissioner may allow fees associated with mortgage refinancing 246 |
---|
| 320 | + | provided such refinancing will result in state reimbursement savings, 247 |
---|
| 321 | + | after comparing costs over the terms of the existing proposed loans. For 248 |
---|
| 322 | + | the fiscal year ending June 30, 1992, the inflation factor used to 249 |
---|
| 323 | + | determine rates shall be one-half of the gross national product 250 |
---|
| 324 | + | percentage increase for the period between the midpoint of the cost year 251 |
---|
| 325 | + | through the midpoint of the rate year. For fiscal year ending June 30, 252 |
---|
| 326 | + | 1993, the inflation factor used to determine rates shall be two-thirds of 253 |
---|
| 327 | + | the gross national product percentage increase from the midpoint of the 254 |
---|
| 328 | + | cost year to the midpoint of the rate year. For the fiscal years ending 255 |
---|
| 329 | + | June 30, 1996, and June 30, 1997, no inflation factor shall be applied in 256 |
---|
| 330 | + | determining rates. The Commissioner of Social Services shall prescribe 257 |
---|
| 331 | + | uniform forms on which such facilities shall report their costs. Such rates 258 |
---|
| 332 | + | shall be determined on the basis of a reasonable payment for necessary 259 |
---|
| 333 | + | services. Any increase in grants, gifts, fund-raising or endowment 260 |
---|
| 334 | + | income used for the payment of operating costs by a private facility in 261 |
---|
| 335 | + | the fiscal year ending June 30, 1992, shall be excluded by the 262 |
---|
| 336 | + | commissioner from the income of the facility in determining the rates to 263 |
---|
| 337 | + | be paid to the facility for the fiscal year ending June 30, 1993, provided 264 |
---|
| 338 | + | any operating costs funded by such increase shall not obligate the state 265 |
---|
| 339 | + | to increase expenditures in subsequent fiscal years. Nothing contained 266 |
---|
| 340 | + | in this section shall authorize a payment by the state to any such facility 267 |
---|
| 341 | + | in excess of the charges made by the facility for comparable services to 268 |
---|
| 342 | + | the general public. The service component of the rates to be paid by the 269 |
---|
| 343 | + | Governor's Bill No. 1251 |
---|
| 344 | + | |
---|
| 345 | + | |
---|
| 346 | + | |
---|
| 347 | + | LCO No. 4290 10 of 38 |
---|
| 348 | + | |
---|
| 349 | + | state to private facilities and facilities operated by regional education 270 |
---|
| 350 | + | service centers which are licensed to provide residential care pursuant 271 |
---|
| 351 | + | to section 17a-227, but not certified to participate in the Title XIX 272 |
---|
| 352 | + | Medicaid programs as intermediate care facilities for individuals with 273 |
---|
| 353 | + | intellectual disabilities, shall be determined annually by the 274 |
---|
| 354 | + | Commissioner of Developmental Services in accordance with section 275 |
---|
| 355 | + | 17b-244a. For the fiscal year ending June 30, 2008, no facility shall receive 276 |
---|
| 356 | + | a rate that is more than two per cent greater than the rate in effect for 277 |
---|
| 357 | + | the facility on June 30, 2007, except any facility that would have been 278 |
---|
| 358 | + | issued a lower rate effective July 1, 2007, due to interim rate status or 279 |
---|
| 359 | + | agreement with the department, shall be issued such lower rate effective 280 |
---|
| 360 | + | July 1, 2007. For the fiscal year ending June 30, 2009, no facility shall 281 |
---|
| 361 | + | receive a rate that is more than two per cent greater than the rate in effect 282 |
---|
| 362 | + | for the facility on June 30, 2008, except any facility that would have been 283 |
---|
| 363 | + | issued a lower rate effective July 1, 2008, due to interim rate status or 284 |
---|
| 364 | + | agreement with the department, shall be issued such lower rate effective 285 |
---|
| 365 | + | July 1, 2008. For the fiscal years ending June 30, 2010, and June 30, 2011, 286 |
---|
| 366 | + | rates in effect for the period ending June 30, 2009, shall remain in effect 287 |
---|
| 367 | + | until June 30, 2011, except that (1) the rate paid to a facility may be higher 288 |
---|
| 368 | + | than the rate paid to the facility for the period ending June 30, 2009, if a 289 |
---|
| 369 | + | capital improvement required by the Commissioner of Developmental 290 |
---|
| 370 | + | Services for the health or safety of the residents was made to the facility 291 |
---|
| 371 | + | during the fiscal years ending June 30, 2010, or June 30, 2011, and (2) any 292 |
---|
| 372 | + | facility that would have been issued a lower rate for the fiscal year 293 |
---|
| 373 | + | ending June 30, 2010, or June 30, 2011, due to interim rate status or 294 |
---|
| 374 | + | agreement with the department, shall be issued such lower rate. For the 295 |
---|
| 375 | + | fiscal year ending June 30, 2012, rates in effect for the period ending June 296 |
---|
| 376 | + | 30, 2011, shall remain in effect until June 30, 2012, except that (A) the 297 |
---|
| 377 | + | rate paid to a facility may be higher than the rate paid to the facility for 298 |
---|
| 378 | + | the period ending June 30, 2011, if a capital improvement required by 299 |
---|
| 379 | + | the Commissioner of Developmental Services for the health or safety of 300 |
---|
| 380 | + | the residents was made to the facility during the fiscal year ending June 301 |
---|
| 381 | + | 30, 2012, and (B) any facility that would have been issued a lower rate 302 |
---|
| 382 | + | for the fiscal year ending June 30, 2012, due to interim rate status or 303 |
---|
| 383 | + | Governor's Bill No. 1251 |
---|
| 384 | + | |
---|
| 385 | + | |
---|
| 386 | + | |
---|
| 387 | + | LCO No. 4290 11 of 38 |
---|
| 388 | + | |
---|
| 389 | + | agreement with the department, shall be issued such lower rate. Any 304 |
---|
| 390 | + | facility that has a significant decrease in land and building costs shall 305 |
---|
| 391 | + | receive a reduced rate to reflect such decrease in land and building costs. 306 |
---|
| 392 | + | The rate paid to a facility may be increased if a capital improvement 307 |
---|
| 393 | + | approved by the Department of Developmental Services, in consultation 308 |
---|
| 394 | + | with the Department of Social Services, for the health or safety of the 309 |
---|
| 395 | + | residents was made to the facility during the fiscal year ending June 30, 310 |
---|
| 396 | + | 2014, or June 30, 2015, only to the extent such increases are within 311 |
---|
| 397 | + | available appropriations. For the fiscal years ending June 30, 2016, and 312 |
---|
| 398 | + | June 30, 2017, rates shall not exceed those in effect for the period ending 313 |
---|
| 399 | + | June 30, 2015, except the rate paid to a facility may be higher than the 314 |
---|
| 400 | + | rate paid to the facility for the period ending June 30, 2015, if a capital 315 |
---|
| 401 | + | improvement approved by the Department of Developmental Services, 316 |
---|
| 402 | + | in consultation with the Department of Social Services, for the health or 317 |
---|
| 403 | + | safety of the residents was made to the facility during the fiscal year 318 |
---|
| 404 | + | ending June 30, 2016, or June 30, 2017, to the extent such rate increases 319 |
---|
| 405 | + | are within available appropriations. For the fiscal years ending June 30, 320 |
---|
| 406 | + | 2016, and June 30, 2017, and each succeeding fiscal year, any facility that 321 |
---|
| 407 | + | would have been issued a lower rate, due to interim rate status, a change 322 |
---|
| 408 | + | in allowable fair rent or agreement with the department, shall be issued 323 |
---|
| 409 | + | such lower rate. For the fiscal years ending June 30, 2018, and June 30, 324 |
---|
| 410 | + | 2019, rates shall not exceed those in effect for the period ending June 30, 325 |
---|
| 411 | + | 2017, except the rate paid to a facility may be higher than the rate paid 326 |
---|
| 412 | + | to the facility for the period ending June 30, 2017, if a capital 327 |
---|
| 413 | + | improvement approved by the Department of Developmental Services, 328 |
---|
| 414 | + | in consultation with the Department of Social Services, for the health or 329 |
---|
| 415 | + | safety of the residents was made to the facility during the fiscal year 330 |
---|
| 416 | + | ending June 30, 2018, or June 30, 2019, to the extent such rate increases 331 |
---|
| 417 | + | are within available appropriations. For the fiscal years ending June 30, 332 |
---|
| 418 | + | 2020, and June 30, 2021, rates shall not exceed those in effect for the fiscal 333 |
---|
| 419 | + | year ending June 30, 2019, except the rate paid to a facility may be higher 334 |
---|
| 420 | + | than the rate paid to the facility for the fiscal year ending June 30, 2019, 335 |
---|
| 421 | + | if a capital improvement approved by the Department of 336 |
---|
| 422 | + | Developmental Services, in consultation with the Department of Social 337 |
---|
| 423 | + | Governor's Bill No. 1251 |
---|
| 424 | + | |
---|
| 425 | + | |
---|
| 426 | + | |
---|
| 427 | + | LCO No. 4290 12 of 38 |
---|
| 428 | + | |
---|
| 429 | + | Services, for the health or safety of the residents was made to the facility 338 |
---|
| 430 | + | during the fiscal year ending June 30, 2020, or June 30, 2021, to the extent 339 |
---|
| 431 | + | such rate increases are within available appropriations. For the fiscal 340 |
---|
| 432 | + | years ending June 30, 2022, and June 30, 2023, rates shall be based upon 341 |
---|
| 433 | + | rates in effect for the fiscal year ending June 30, 2021, inflated by the 342 |
---|
| 434 | + | gross domestic product deflator applicable to each rate year, except the 343 |
---|
| 435 | + | commissioner may, in the commissioner's discretion and within 344 |
---|
| 436 | + | available appropriations, provide pro rata fair rent increases to facilities 345 |
---|
| 437 | + | which have documented fair rent additions placed in service in the cost 346 |
---|
| 438 | + | report years ending September 30, 2020, and September 30, 2021, that 347 |
---|
| 439 | + | are not otherwise included in rates issued, or if a rate adjustment for a 348 |
---|
| 440 | + | capital improvement approved by the Department of Developmental 349 |
---|
| 441 | + | Services, in consultation with the Department of Social Services, for the 350 |
---|
| 442 | + | health or safety of the residents was made to the facility during the fiscal 351 |
---|
| 443 | + | year ending June 30, 2022, or June 30, 2023. For the fiscal year ending 352 |
---|
| 444 | + | June 30, 2024, rates shall not exceed those in effect for the fiscal year 353 |
---|
| 445 | + | ending June 30, 2023, except the rate paid to a facility may be higher 354 |
---|
| 446 | + | than the rate paid to the facility for the fiscal year ending June 30, 2023, 355 |
---|
| 447 | + | if a capital improvement approved by the Department of 356 |
---|
| 448 | + | Developmental Services, in consultation with the Department of Social 357 |
---|
| 449 | + | Services, for the health or safety of the residents was made to the facility 358 |
---|
| 450 | + | during the fiscal year ending June 30, 2024, to the extent such rate 359 |
---|
| 451 | + | increases are within available appropriations. For the fiscal years ending 360 |
---|
| 452 | + | June 30, 2026, and June 30, 2027, rates shall not exceed those in effect for 361 |
---|
| 453 | + | the fiscal year ending June 30, 2025, except the rate paid to a facility may 362 |
---|
| 454 | + | be higher than the rate paid to the facility for the fiscal year ending June 363 |
---|
| 455 | + | 30, 2025, if a capital improvement approved by the Department of 364 |
---|
| 456 | + | Developmental Services, in consultation with the Department of Social 365 |
---|
| 457 | + | Services, for the health or safety of the residents was made to the facility 366 |
---|
| 458 | + | during the fiscal year ending June 30, 2026, or June 30, 2027, to the extent 367 |
---|
| 459 | + | such rate increases are within available appropriations. 368 |
---|
| 460 | + | Sec. 8. (Effective July 1, 2025) For the fiscal years ending June 30, 2026, 369 |
---|
| 461 | + | and June 30, 2027, notwithstanding the provisions of subsection (a) of 370 |
---|
| 462 | + | Governor's Bill No. 1251 |
---|
| 463 | + | |
---|
| 464 | + | |
---|
| 465 | + | |
---|
| 466 | + | LCO No. 4290 13 of 38 |
---|
| 467 | + | |
---|
| 468 | + | section 17b-244 of the general statutes, as amended by this act, and 371 |
---|
| 469 | + | subsections (a) to (i), inclusive, of section 17b-340 of the general statutes, 372 |
---|
| 470 | + | as amended by this act, or any other provision of title 17 or 17b of the 373 |
---|
| 471 | + | general statutes, or regulations adopted thereunder, the state rates of 374 |
---|
| 472 | + | payment in effect for the fiscal year ending June 30, 2025, for residential 375 |
---|
| 473 | + | care homes, community living arrangements and community 376 |
---|
| 474 | + | companion homes that receive the flat rate for residential services under 377 |
---|
| 475 | + | section 17-311-54 of the regulations of Connecticut state agencies shall 378 |
---|
| 476 | + | remain in effect. 379 |
---|
| 477 | + | Sec. 9. Subdivision (1) of subsection (h) of section 17b-340 of the 380 |
---|
| 478 | + | general statutes is repealed and the following is substituted in lieu 381 |
---|
| 479 | + | thereof (Effective July 1, 2025): 382 |
---|
| 480 | + | (h) (1) For the fiscal year ending June 30, 1993, any intermediate care 383 |
---|
| 481 | + | facility for individuals with intellectual disabilities with an operating 384 |
---|
| 482 | + | cost component of its rate in excess of one hundred forty per cent of the 385 |
---|
| 483 | + | median of operating cost components of rates in effect January 1, 1992, 386 |
---|
| 484 | + | shall not receive an operating cost component increase. For the fiscal 387 |
---|
| 485 | + | year ending June 30, 1993, any intermediate care facility for individuals 388 |
---|
| 486 | + | with intellectual disabilities with an operating cost component of its rate 389 |
---|
| 487 | + | that is less than one hundred forty per cent of the median of operating 390 |
---|
| 488 | + | cost components of rates in effect January 1, 1992, shall have an 391 |
---|
| 489 | + | allowance for real wage growth equal to thirty per cent of the increase 392 |
---|
| 490 | + | determined in accordance with subsection (q) of section 17-311-52 of the 393 |
---|
| 491 | + | regulations of Connecticut state agencies, provided such operating cost 394 |
---|
| 492 | + | component shall not exceed one hundred forty per cent of the median 395 |
---|
| 493 | + | of operating cost components in effect January 1, 1992. Any facility with 396 |
---|
| 494 | + | real property other than land placed in service prior to October 1, 1991, 397 |
---|
| 495 | + | shall, for the fiscal year ending June 30, 1995, receive a rate of return on 398 |
---|
| 496 | + | real property equal to the average of the rates of return applied to real 399 |
---|
| 497 | + | property other than land placed in service for the five years preceding 400 |
---|
| 498 | + | October 1, 1993. For the fiscal year ending June 30, 1996, and any 401 |
---|
| 499 | + | succeeding fiscal year, the rate of return on real property for property 402 |
---|
| 500 | + | items shall be revised every five years. The commissioner shall, upon 403 |
---|
| 501 | + | Governor's Bill No. 1251 |
---|
| 502 | + | |
---|
| 503 | + | |
---|
| 504 | + | |
---|
| 505 | + | LCO No. 4290 14 of 38 |
---|
| 506 | + | |
---|
| 507 | + | submission of a request, allow actual debt service, comprised of 404 |
---|
| 508 | + | principal and interest, in excess of property costs allowed pursuant to 405 |
---|
| 509 | + | section 17-311-52 of the regulations of Connecticut state agencies, 406 |
---|
| 510 | + | provided such debt service terms and amounts are reasonable in 407 |
---|
| 511 | + | relation to the useful life and the base value of the property. For the fiscal 408 |
---|
| 512 | + | year ending June 30, 1995, and any succeeding fiscal year, the inflation 409 |
---|
| 513 | + | adjustment made in accordance with subsection (p) of section 17-311-52 410 |
---|
| 514 | + | of the regulations of Connecticut state agencies shall not be applied to 411 |
---|
| 515 | + | real property costs. For the fiscal year ending June 30, 1996, and any 412 |
---|
| 516 | + | succeeding fiscal year, the allowance for real wage growth, as 413 |
---|
| 517 | + | determined in accordance with subsection (q) of section 17-311-52 of the 414 |
---|
| 518 | + | regulations of Connecticut state agencies, shall not be applied. For the 415 |
---|
| 519 | + | fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate 416 |
---|
| 520 | + | shall exceed three hundred seventy-five dollars per day unless the 417 |
---|
| 521 | + | commissioner, in consultation with the Commissioner of 418 |
---|
| 522 | + | Developmental Services, determines after a review of program and 419 |
---|
| 523 | + | management costs, that a rate in excess of this amount is necessary for 420 |
---|
| 524 | + | care and treatment of facility residents. For the fiscal year ending June 421 |
---|
| 525 | + | 30, 2002, rate period, the Commissioner of Social Services shall increase 422 |
---|
| 526 | + | the inflation adjustment for rates made in accordance with subsection 423 |
---|
| 527 | + | (p) of section 17-311-52 of the regulations of Connecticut state agencies 424 |
---|
| 528 | + | to update allowable fiscal year 2000 costs to include a three and one-half 425 |
---|
| 529 | + | per cent inflation factor. For the fiscal year ending June 30, 2003, rate 426 |
---|
| 530 | + | period, the commissioner shall increase the inflation adjustment for 427 |
---|
| 531 | + | rates made in accordance with subsection (p) of section 17-311-52 of the 428 |
---|
| 532 | + | regulations of Connecticut state agencies to update allowable fiscal year 429 |
---|
| 533 | + | 2001 costs to include a one and one-half per cent inflation factor, except 430 |
---|
| 534 | + | that such increase shall be effective November 1, 2002, and such facility 431 |
---|
| 535 | + | rate in effect for the fiscal year ending June 30, 2002, shall be paid for 432 |
---|
| 536 | + | services provided until October 31, 2002, except any facility that would 433 |
---|
| 537 | + | have been issued a lower rate effective July 1, 2002, than for the fiscal 434 |
---|
| 538 | + | year ending June 30, 2002, due to interim rate status or agreement with 435 |
---|
| 539 | + | the department shall be issued such lower rate effective July 1, 2002, and 436 |
---|
| 540 | + | have such rate updated effective November 1, 2002, in accordance with 437 |
---|
| 541 | + | Governor's Bill No. 1251 |
---|
| 542 | + | |
---|
| 543 | + | |
---|
| 544 | + | |
---|
| 545 | + | LCO No. 4290 15 of 38 |
---|
| 546 | + | |
---|
| 547 | + | applicable statutes and regulations. For the fiscal year ending June 30, 438 |
---|
| 548 | + | 2004, rates in effect for the period ending June 30, 2003, shall remain in 439 |
---|
| 549 | + | effect, except any facility that would have been issued a lower rate 440 |
---|
| 550 | + | effective July 1, 2003, than for the fiscal year ending June 30, 2003, due 441 |
---|
| 551 | + | to interim rate status or agreement with the department shall be issued 442 |
---|
| 552 | + | such lower rate effective July 1, 2003. For the fiscal year ending June 30, 443 |
---|
| 553 | + | 2005, rates in effect for the period ending June 30, 2004, shall remain in 444 |
---|
| 554 | + | effect until September 30, 2004. Effective October 1, 2004, each facility 445 |
---|
| 555 | + | shall receive a rate that is five per cent greater than the rate in effect 446 |
---|
| 556 | + | September 30, 2004. Effective upon receipt of all the necessary federal 447 |
---|
| 557 | + | approvals to secure federal financial participation matching funds 448 |
---|
| 558 | + | associated with the rate increase provided in subdivision (4) of 449 |
---|
| 559 | + | subsection (f) of this section, but in no event earlier than October 1, 2005, 450 |
---|
| 560 | + | and provided the user fee imposed under section 17b-320 is required to 451 |
---|
| 561 | + | be collected, each facility shall receive a rate that is four per cent more 452 |
---|
| 562 | + | than the rate the facility received in the prior fiscal year, except any 453 |
---|
| 563 | + | facility that would have been issued a lower rate effective October 1, 454 |
---|
| 564 | + | 2005, than for the fiscal year ending June 30, 2005, due to interim rate 455 |
---|
| 565 | + | status or agreement with the department, shall be issued such lower rate 456 |
---|
| 566 | + | effective October 1, 2005. Such rate increase shall remain in effect unless: 457 |
---|
| 567 | + | (A) The federal financial participation matching funds associated with 458 |
---|
| 568 | + | the rate increase are no longer available; or (B) the user fee created 459 |
---|
| 569 | + | pursuant to section 17b-320 is not in effect. For the fiscal year ending 460 |
---|
| 570 | + | June 30, 2007, rates in effect for the period ending June 30, 2006, shall 461 |
---|
| 571 | + | remain in effect until September 30, 2006, except any facility that would 462 |
---|
| 572 | + | have been issued a lower rate effective July 1, 2006, than for the fiscal 463 |
---|
| 573 | + | year ending June 30, 2006, due to interim rate status or agreement with 464 |
---|
| 574 | + | the department, shall be issued such lower rate effective July 1, 2006. 465 |
---|
| 575 | + | Effective October 1, 2006, no facility shall receive a rate that is more than 466 |
---|
| 576 | + | three per cent greater than the rate in effect for the facility on September 467 |
---|
| 577 | + | 30, 2006, except any facility that would have been issued a lower rate 468 |
---|
| 578 | + | effective October 1, 2006, due to interim rate status or agreement with 469 |
---|
| 579 | + | the department, shall be issued such lower rate effective October 1, 2006. 470 |
---|
| 580 | + | For the fiscal year ending June 30, 2008, each facility shall receive a rate 471 |
---|
| 581 | + | Governor's Bill No. 1251 |
---|
| 582 | + | |
---|
| 583 | + | |
---|
| 584 | + | |
---|
| 585 | + | LCO No. 4290 16 of 38 |
---|
| 586 | + | |
---|
| 587 | + | that is two and nine-tenths per cent greater than the rate in effect for the 472 |
---|
| 588 | + | period ending June 30, 2007, except any facility that would have been 473 |
---|
| 589 | + | issued a lower rate effective July 1, 2007, than for the rate period ending 474 |
---|
| 590 | + | June 30, 2007, due to interim rate status, or agreement with the 475 |
---|
| 591 | + | department, shall be issued such lower rate effective July 1, 2007. For the 476 |
---|
| 592 | + | fiscal year ending June 30, 2009, rates in effect for the period ending June 477 |
---|
| 593 | + | 30, 2008, shall remain in effect until June 30, 2009, except any facility that 478 |
---|
| 594 | + | would have been issued a lower rate for the fiscal year ending June 30, 479 |
---|
| 595 | + | 2009, due to interim rate status or agreement with the department, shall 480 |
---|
| 596 | + | be issued such lower rate. For the fiscal years ending June 30, 2010, and 481 |
---|
| 597 | + | June 30, 2011, rates in effect for the period ending June 30, 2009, shall 482 |
---|
| 598 | + | remain in effect until June 30, 2011, except any facility that would have 483 |
---|
| 599 | + | been issued a lower rate for the fiscal year ending June 30, 2010, or the 484 |
---|
| 600 | + | fiscal year ending June 30, 2011, due to interim rate status or agreement 485 |
---|
| 601 | + | with the department, shall be issued such lower rate. For the fiscal year 486 |
---|
| 602 | + | ending June 30, 2012, rates in effect for the period ending June 30, 2011, 487 |
---|
| 603 | + | shall remain in effect until June 30, 2012, except any facility that would 488 |
---|
| 604 | + | have been issued a lower rate for the fiscal year ending June 30, 2012, 489 |
---|
| 605 | + | due to interim rate status or agreement with the department, shall be 490 |
---|
| 606 | + | issued such lower rate. For the fiscal years ending June 30, 2014, and 491 |
---|
| 607 | + | June 30, 2015, rates shall not exceed those in effect for the period ending 492 |
---|
| 608 | + | June 30, 2013, except the rate paid to a facility may be higher than the 493 |
---|
| 609 | + | rate paid to the facility for the period ending June 30, 2013, if a capital 494 |
---|
| 610 | + | improvement approved by the Department of Developmental Services, 495 |
---|
| 611 | + | in consultation with the Department of Social Services, for the health or 496 |
---|
| 612 | + | safety of the residents was made to the facility during the fiscal year 497 |
---|
| 613 | + | ending June 30, 2014, or June 30, 2015, to the extent such rate increases 498 |
---|
| 614 | + | are within available appropriations. Any facility that would have been 499 |
---|
| 615 | + | issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal 500 |
---|
| 616 | + | year ending June 30, 2015, due to interim rate status or agreement with 501 |
---|
| 617 | + | the department, shall be issued such lower rate. For the fiscal years 502 |
---|
| 618 | + | ending June 30, 2016, and June 30, 2017, rates shall not exceed those in 503 |
---|
| 619 | + | effect for the period ending June 30, 2015, except the rate paid to a 504 |
---|
| 620 | + | facility may be higher than the rate paid to the facility for the period 505 |
---|
| 621 | + | Governor's Bill No. 1251 |
---|
| 622 | + | |
---|
| 623 | + | |
---|
| 624 | + | |
---|
| 625 | + | LCO No. 4290 17 of 38 |
---|
| 626 | + | |
---|
| 627 | + | ending June 30, 2015, if a capital improvement approved by the 506 |
---|
| 628 | + | Department of Developmental Services, in consultation with the 507 |
---|
| 629 | + | Department of Social Services, for the health or safety of the residents 508 |
---|
| 630 | + | was made to the facility during the fiscal year ending June 30, 2016, or 509 |
---|
| 631 | + | June 30, 2017, to the extent such rate increases are within available 510 |
---|
| 632 | + | appropriations. For the fiscal years ending June 30, 2016, and June 30, 511 |
---|
| 633 | + | 2017, and each succeeding fiscal year, any facility that would have been 512 |
---|
| 634 | + | issued a lower rate, due to interim rate status, a change in allowable fair 513 |
---|
| 635 | + | rent or agreement with the department, shall be issued such lower rate. 514 |
---|
| 636 | + | For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall 515 |
---|
| 637 | + | not exceed those in effect for the period ending June 30, 2017, except the 516 |
---|
| 638 | + | rate paid to a facility may be higher than the rate paid to the facility for 517 |
---|
| 639 | + | the period ending June 30, 2017, if a capital improvement approved by 518 |
---|
| 640 | + | the Department of Developmental Services, in consultation with the 519 |
---|
| 641 | + | Department of Social Services, for the health or safety of the residents 520 |
---|
| 642 | + | was made to the facility during the fiscal year ending June 30, 2018, or 521 |
---|
| 643 | + | June 30, 2019, only to the extent such rate increases are within available 522 |
---|
| 644 | + | appropriations. For the fiscal years ending June 30, 2020, and June 30, 523 |
---|
| 645 | + | 2021, rates shall not exceed those in effect for the fiscal year ending June 524 |
---|
| 646 | + | 30, 2019, except the rate paid to a facility may be higher than the rate 525 |
---|
| 647 | + | paid to the facility for the fiscal year ending June 30, 2019, if a capital 526 |
---|
| 648 | + | improvement approved by the Department of Developmental Services, 527 |
---|
| 649 | + | in consultation with the Department of Social Services, for the health or 528 |
---|
| 650 | + | safety of the residents was made to the facility during the fiscal year 529 |
---|
| 651 | + | ending June 30, 2020, or June 30, 2021, only to the extent such rate 530 |
---|
| 652 | + | increases are within available appropriations. For the fiscal year ending 531 |
---|
| 653 | + | June 30, 2022, rates shall not exceed those in effect for the fiscal year 532 |
---|
| 654 | + | ending June 30, 2021, except the commissioner may, in the 533 |
---|
| 655 | + | commissioner's discretion and within available appropriations, provide 534 |
---|
| 656 | + | pro rata fair rent increases to facilities that have documented fair rent 535 |
---|
| 657 | + | additions placed in service in the cost report year ending September 30, 536 |
---|
| 658 | + | 2020, that are not otherwise included in rates issued. For the fiscal year 537 |
---|
| 659 | + | ending June 30, 2023, rates shall not exceed those in effect for the fiscal 538 |
---|
| 660 | + | year ending June 30, 2022, except the commissioner may, in the 539 |
---|
| 661 | + | Governor's Bill No. 1251 |
---|
| 662 | + | |
---|
| 663 | + | |
---|
| 664 | + | |
---|
| 665 | + | LCO No. 4290 18 of 38 |
---|
| 666 | + | |
---|
| 667 | + | commissioner's discretion and within available appropriations, provide 540 |
---|
| 668 | + | pro rata fair rent increases to facilities which have documented fair rent 541 |
---|
| 669 | + | additions placed in service in the cost report year ending September 30, 542 |
---|
| 670 | + | 2021, that are not otherwise included in rates issued. For the fiscal years 543 |
---|
| 671 | + | ending June 30, 2022, and June 30, 2023, a facility may receive a rate 544 |
---|
| 672 | + | increase for a capital improvement approved by the Department of 545 |
---|
| 673 | + | Developmental Services, in consultation with the Department of Social 546 |
---|
| 674 | + | Services, for the health or safety of the residents during the fiscal year 547 |
---|
| 675 | + | ending June 30, 2022, or June 30, 2023, only to the extent such rate 548 |
---|
| 676 | + | increases are within available appropriations. There shall be no increase 549 |
---|
| 677 | + | to rates based on inflation or any inflationary factor for the fiscal years 550 |
---|
| 678 | + | ending June 30, 2022, and June 30, 2023. Notwithstanding any other 551 |
---|
| 679 | + | provisions of this chapter, any subsequent increase to allowable 552 |
---|
| 680 | + | operating costs, excluding fair rent, shall be inflated by the gross 553 |
---|
| 681 | + | domestic product deflator when funding is specifically appropriated for 554 |
---|
| 682 | + | such purposes in the enacted budget. The rate of inflation shall be 555 |
---|
| 683 | + | computed by comparing the most recent rate year to the average of the 556 |
---|
| 684 | + | gross domestic product deflator for the previous four fiscal quarters 557 |
---|
| 685 | + | ending March thirty-first. Any increase to rates based on inflation shall 558 |
---|
| 686 | + | be applied prior to the application of any other budget adjustment 559 |
---|
| 687 | + | factors that may impact such rates. For the fiscal year ending June 30, 560 |
---|
| 688 | + | 2024, the department shall determine facility rates based upon 2022 cost 561 |
---|
| 689 | + | report filings subject to the provisions of this section, adjusted to reflect 562 |
---|
| 690 | + | any rate increases provided after the cost report year ending June 30, 563 |
---|
| 691 | + | 2022, and with the addition of a two per cent adjustment factor. No 564 |
---|
| 692 | + | facility shall receive a rate less than the rate in effect for the fiscal year 565 |
---|
| 693 | + | ending June 30, 2023. For the fiscal year ending June 30, 2024, the 566 |
---|
| 694 | + | minimum per diem, per bed rate shall remain at five hundred one 567 |
---|
| 695 | + | dollars for a residential facility licensed pursuant to section 17a-227 and 568 |
---|
| 696 | + | certified to participate in the Title XIX Medicaid program as an 569 |
---|
| 697 | + | intermediate care facility for individuals with intellectual disability. 570 |
---|
| 698 | + | There shall be no increase to rates based on any inflationary factor for 571 |
---|
| 699 | + | the fiscal year ending June 30, 2024. For the fiscal year ending June 30, 572 |
---|
| 700 | + | 2024, and each subsequent fiscal year, the commissioner may, in the 573 |
---|
| 701 | + | Governor's Bill No. 1251 |
---|
| 702 | + | |
---|
| 703 | + | |
---|
| 704 | + | |
---|
| 705 | + | LCO No. 4290 19 of 38 |
---|
| 706 | + | |
---|
| 707 | + | commissioner's discretion and within available appropriations, provide 574 |
---|
| 708 | + | pro rata fair rent increases to facilities that have documented fair rent 575 |
---|
| 709 | + | additions placed in service in the cost report years that are not otherwise 576 |
---|
| 710 | + | included in rates issued. For the fiscal year ending June 30, 2025, the 577 |
---|
| 711 | + | department shall determine facility rates based upon 2023 cost report 578 |
---|
| 712 | + | filings subject to the provisions of this section, adjusted to reflect any 579 |
---|
| 713 | + | rate increases provided after the cost report ending June 30, 2023. A 580 |
---|
| 714 | + | facility may receive a rate that is less than the rate in effect for the fiscal 581 |
---|
| 715 | + | year ending June 30, 2024, but shall not receive a rate less than the 582 |
---|
| 716 | + | minimum per diem, per bed rate. For the fiscal year ending June 30, 583 |
---|
| 717 | + | 2025, the minimum per diem, per bed rate shall remain at five hundred 584 |
---|
| 718 | + | one dollars for a residential facility licensed pursuant to section 17a-227 585 |
---|
| 719 | + | and certified to participate in the Title XIX Medicaid program as an 586 |
---|
| 720 | + | intermediate care facility for individuals with intellectual disability. 587 |
---|
| 721 | + | There shall be no increase to rates based on any inflationary factor for 588 |
---|
| 722 | + | the fiscal year ending June 30, 2025. For the fiscal year ending June 30, 589 |
---|
| 723 | + | 2026, the department shall determine facility rates based upon 2024 cost 590 |
---|
| 724 | + | report filings subject to the provisions of this section, adjusted to reflect 591 |
---|
| 725 | + | any rate increases provided after the cost report ending June 30, 2024. 592 |
---|
| 726 | + | For the fiscal year ending June 30, 2026, there shall be no minimum per 593 |
---|
| 727 | + | diem, per bed rate for a residential facility licensed pursuant to section 594 |
---|
| 728 | + | 17a-227 and certified to participate in the Title XIX Medicaid program 595 |
---|
| 729 | + | as an intermediate care facility for individuals with intellectual 596 |
---|
| 730 | + | disability. There shall be no increase to rates based on any inflationary 597 |
---|
| 731 | + | factor for the fiscal year ending June 30, 2026. For the fiscal year ending 598 |
---|
| 732 | + | June 30, 2027, rates shall not exceed those in effect for the fiscal year 599 |
---|
| 733 | + | ending June 30, 2026, except the commissioner may, in the 600 |
---|
| 734 | + | commissioner's discretion and within available appropriations, provide 601 |
---|
| 735 | + | pro rata fair rent increases to facilities that have documented fair rent 602 |
---|
| 736 | + | additions placed in service in the cost report year ending September 30, 603 |
---|
| 737 | + | 2025, that are not otherwise included in rates issued. For the fiscal years 604 |
---|
| 738 | + | ending June 30, 2024, and June 30, 2025, a facility may receive a rate 605 |
---|
| 739 | + | increase for a capital improvement approved by the Department of 606 |
---|
| 740 | + | Developmental Services, in consultation with the Department of Social 607 |
---|
| 741 | + | Governor's Bill No. 1251 |
---|
| 742 | + | |
---|
| 743 | + | |
---|
| 744 | + | |
---|
| 745 | + | LCO No. 4290 20 of 38 |
---|
| 746 | + | |
---|
| 747 | + | Services, for the health or safety of the residents during the fiscal year 608 |
---|
| 748 | + | ending June 30, 2024, or June 30, 2025, only to the extent such rate 609 |
---|
| 749 | + | increases are within available appropriations. For the fiscal years ending 610 |
---|
| 750 | + | June 30, 2026, and June 30, 2027, a facility may receive a rate increase for 611 |
---|
| 751 | + | a capital improvement approved by the Department of Developmental 612 |
---|
| 752 | + | Services, in consultation with the Department of Social Services, for the 613 |
---|
| 753 | + | health or safety of the residents during the fiscal year ending June 30, 614 |
---|
| 754 | + | 2026, or June 30, 2027, only to the extent such rate increases are within 615 |
---|
| 755 | + | available appropriations. Any facility that has a significant decrease in 616 |
---|
| 756 | + | land and building costs shall receive a reduced rate to reflect such 617 |
---|
| 757 | + | decrease in land and building costs. For the fiscal years ending June 30, 618 |
---|
| 758 | + | 2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, June 30, 619 |
---|
| 759 | + | 2017, June 30, 2018, June 30, 2019, June 30, 2020, June 30, 2021, June 30, 620 |
---|
| 760 | + | 2022, June 30, 2023, June 30, 2024, [and] June 30, 2025, June 30, 2026, and 621 |
---|
| 761 | + | June 30, 2027, the Commissioner of Social Services may provide fair rent 622 |
---|
| 762 | + | increases to any facility that has undergone a material change in 623 |
---|
| 763 | + | circumstances related to fair rent and has an approved certificate of need 624 |
---|
| 764 | + | pursuant to section 17b-352, 17b-353, 17b-354 or 17b-355. 625 |
---|
| 765 | + | Notwithstanding the provisions of this section, the Commissioner of 626 |
---|
| 766 | + | Social Services may, within available appropriations, increase or 627 |
---|
| 767 | + | decrease rates issued to intermediate care facilities for individuals with 628 |
---|
| 768 | + | intellectual disabilities to reflect a reduction in available appropriations 629 |
---|
| 769 | + | as provided in subsection (a) of this section. For the fiscal years ending 630 |
---|
| 770 | + | June 30, 2014, and June 30, 2015, the commissioner shall not consider 631 |
---|
| 771 | + | rebasing in determining rates. Notwithstanding the provisions of this 632 |
---|
| 772 | + | subsection, effective July 1, 2021, and July 1, 2022, the commissioner 633 |
---|
| 773 | + | shall, within available appropriations, increase rates for the purpose of 634 |
---|
| 774 | + | wage and benefit enhancements for employees of intermediate care 635 |
---|
| 775 | + | facilities. Facilities that receive a rate adjustment for the purpose of wage 636 |
---|
| 776 | + | and benefit enhancements but do not provide increases in employee 637 |
---|
| 777 | + | salaries as described in this subsection on or before July 31, 2021, and 638 |
---|
| 778 | + | July 31, 2022, respectively, may be subject to a rate decrease in the same 639 |
---|
| 779 | + | amount as the adjustment by the commissioner. 640 |
---|
| 780 | + | Governor's Bill No. 1251 |
---|
| 781 | + | |
---|
| 782 | + | |
---|
| 783 | + | |
---|
| 784 | + | LCO No. 4290 21 of 38 |
---|
| 785 | + | |
---|
| 786 | + | Sec. 10. Subsection (i) of section 17b-340 of the general statutes is 641 |
---|
| 787 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 642 |
---|
| 788 | + | 2025): 643 |
---|
| 789 | + | (i) For the fiscal year ending June 30, 1993, any residential care home 644 |
---|
| 790 | + | with an operating cost component of its rate in excess of one hundred 645 |
---|
| 791 | + | thirty per cent of the median of operating cost components of rates in 646 |
---|
| 792 | + | effect January 1, 1992, shall not receive an operating cost component 647 |
---|
| 793 | + | increase. For the fiscal year ending June 30, 1993, any residential care 648 |
---|
| 794 | + | home with an operating cost component of its rate that is less than one 649 |
---|
| 795 | + | hundred thirty per cent of the median of operating cost components of 650 |
---|
| 796 | + | rates in effect January 1, 1992, shall have an allowance for real wage 651 |
---|
| 797 | + | growth equal to sixty-five per cent of the increase determined in 652 |
---|
| 798 | + | accordance with subsection (q) of section 17-311-52 of the regulations of 653 |
---|
| 799 | + | Connecticut state agencies, provided such operating cost component 654 |
---|
| 800 | + | shall not exceed one hundred thirty per cent of the median of operating 655 |
---|
| 801 | + | cost components in effect January 1, 1992. Beginning with the fiscal year 656 |
---|
| 802 | + | ending June 30, 1993, for the purpose of determining allowable fair rent, 657 |
---|
| 803 | + | a residential care home with allowable fair rent less than the twenty-658 |
---|
| 804 | + | fifth percentile of the state-wide allowable fair rent shall be reimbursed 659 |
---|
| 805 | + | as having allowable fair rent equal to the twenty-fifth percentile of the 660 |
---|
| 806 | + | state-wide allowable fair rent. Beginning with the fiscal year ending 661 |
---|
| 807 | + | June 30, 1997, a residential care home with allowable fair rent less than 662 |
---|
| 808 | + | three dollars and ten cents per day shall be reimbursed as having 663 |
---|
| 809 | + | allowable fair rent equal to three dollars and ten cents per day. Property 664 |
---|
| 810 | + | additions placed in service during the cost year ending September 30, 665 |
---|
| 811 | + | 1996, or any succeeding cost year shall receive a fair rent allowance for 666 |
---|
| 812 | + | such additions as an addition to three dollars and ten cents per day if 667 |
---|
| 813 | + | the fair rent for the facility for property placed in service prior to 668 |
---|
| 814 | + | September 30, 1995, is less than or equal to three dollars and ten cents 669 |
---|
| 815 | + | per day. Beginning with the fiscal year ending June 30, 2016, a 670 |
---|
| 816 | + | residential care home shall be reimbursed the greater of the allowable 671 |
---|
| 817 | + | accumulated fair rent reimbursement associated with real property 672 |
---|
| 818 | + | additions and land as calculated on a per day basis or three dollars and 673 |
---|
| 819 | + | Governor's Bill No. 1251 |
---|
| 820 | + | |
---|
| 821 | + | |
---|
| 822 | + | |
---|
| 823 | + | LCO No. 4290 22 of 38 |
---|
| 824 | + | |
---|
| 825 | + | ten cents per day if the allowable reimbursement associated with real 674 |
---|
| 826 | + | property additions and land is less than three dollars and ten cents per 675 |
---|
| 827 | + | day. For the fiscal year ending June 30, 1996, and any succeeding fiscal 676 |
---|
| 828 | + | year, the allowance for real wage growth, as determined in accordance 677 |
---|
| 829 | + | with subsection (q) of section 17-311-52 of the regulations of Connecticut 678 |
---|
| 830 | + | state agencies, shall not be applied. For the fiscal year ending June 30, 679 |
---|
| 831 | + | 1996, and any succeeding fiscal year, the inflation adjustment made in 680 |
---|
| 832 | + | accordance with subsection (p) of section 17-311-52 of the regulations of 681 |
---|
| 833 | + | Connecticut state agencies shall not be applied to real property costs. 682 |
---|
| 834 | + | Beginning with the fiscal year ending June 30, 1997, minimum allowable 683 |
---|
| 835 | + | patient days for rate computation purposes for a residential care home 684 |
---|
| 836 | + | with twenty-five beds or less shall be eighty-five per cent of licensed 685 |
---|
| 837 | + | capacity. Beginning with the fiscal year ending June 30, 2002, for the 686 |
---|
| 838 | + | purposes of determining the allowable salary of an administrator of a 687 |
---|
| 839 | + | residential care home with sixty beds or less the department shall revise 688 |
---|
| 840 | + | the allowable base salary to thirty-seven thousand dollars to be annually 689 |
---|
| 841 | + | inflated thereafter in accordance with section 17-311-52 of the 690 |
---|
| 842 | + | regulations of Connecticut state agencies. The rates for the fiscal year 691 |
---|
| 843 | + | ending June 30, 2002, shall be based upon the increased allowable salary 692 |
---|
| 844 | + | of an administrator, regardless of whether such amount was expended 693 |
---|
| 845 | + | in the 2000 cost report period upon which the rates are based. Beginning 694 |
---|
| 846 | + | with the fiscal year ending June 30, 2000, and until the fiscal year ending 695 |
---|
| 847 | + | June 30, 2009, inclusive, the inflation adjustment for rates made in 696 |
---|
| 848 | + | accordance with subsection (p) of section 17-311-52 of the regulations of 697 |
---|
| 849 | + | Connecticut state agencies shall be increased by two per cent, and 698 |
---|
| 850 | + | beginning with the fiscal year ending June 30, 2002, the inflation 699 |
---|
| 851 | + | adjustment for rates made in accordance with subsection (c) of said 700 |
---|
| 852 | + | section shall be increased by one per cent. Beginning with the fiscal year 701 |
---|
| 853 | + | ending June 30, 1999, for the purpose of determining the allowable 702 |
---|
| 854 | + | salary of a related party, the department shall revise the maximum 703 |
---|
| 855 | + | salary to twenty-seven thousand eight hundred fifty-six dollars to be 704 |
---|
| 856 | + | annually inflated thereafter in accordance with section 17-311-52 of the 705 |
---|
| 857 | + | regulations of Connecticut state agencies and beginning with the fiscal 706 |
---|
| 858 | + | year ending June 30, 2001, such allowable salary shall be computed on 707 |
---|
| 859 | + | Governor's Bill No. 1251 |
---|
| 860 | + | |
---|
| 861 | + | |
---|
| 862 | + | |
---|
| 863 | + | LCO No. 4290 23 of 38 |
---|
| 864 | + | |
---|
| 865 | + | an hourly basis and the maximum number of hours allowed for a related 708 |
---|
| 866 | + | party other than the proprietor shall be increased from forty hours to 709 |
---|
| 867 | + | forty-eight hours per work week. For the fiscal year ending June 30, 710 |
---|
| 868 | + | 2005, each facility shall receive a rate that is two and one-quarter per 711 |
---|
| 869 | + | cent more than the rate the facility received in the prior fiscal year, 712 |
---|
| 870 | + | except any facility that would have been issued a lower rate effective 713 |
---|
| 871 | + | July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim 714 |
---|
| 872 | + | rate status or agreement with the department shall be issued such lower 715 |
---|
| 873 | + | rate effective July 1, 2004. Effective upon receipt of all the necessary 716 |
---|
| 874 | + | federal approvals to secure federal financial participation matching 717 |
---|
| 875 | + | funds associated with the rate increase provided in subdivision (4) of 718 |
---|
| 876 | + | subsection (f) of this section, but in no event earlier than October 1, 2005, 719 |
---|
| 877 | + | and provided the user fee imposed under section 17b-320 is required to 720 |
---|
| 878 | + | be collected, each facility shall receive a rate that is determined in 721 |
---|
| 879 | + | accordance with applicable law and subject to appropriations, except 722 |
---|
| 880 | + | any facility that would have been issued a lower rate effective October 723 |
---|
| 881 | + | 1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate 724 |
---|
| 882 | + | status or agreement with the department, shall be issued such lower rate 725 |
---|
| 883 | + | effective October 1, 2005. Such rate increase shall remain in effect unless: 726 |
---|
| 884 | + | (1) The federal financial participation matching funds associated with 727 |
---|
| 885 | + | the rate increase are no longer available; or (2) the user fee created 728 |
---|
| 886 | + | pursuant to section 17b-320 is not in effect. For the fiscal year ending 729 |
---|
| 887 | + | June 30, 2007, rates in effect for the period ending June 30, 2006, shall 730 |
---|
| 888 | + | remain in effect until September 30, 2006, except any facility that would 731 |
---|
| 889 | + | have been issued a lower rate effective July 1, 2006, than for the fiscal 732 |
---|
| 890 | + | year ending June 30, 2006, due to interim rate status or agreement with 733 |
---|
| 891 | + | the department, shall be issued such lower rate effective July 1, 2006. 734 |
---|
| 892 | + | Effective October 1, 2006, no facility shall receive a rate that is more than 735 |
---|
| 893 | + | four per cent greater than the rate in effect for the facility on September 736 |
---|
| 894 | + | 30, 2006, except for any facility that would have been issued a lower rate 737 |
---|
| 895 | + | effective October 1, 2006, due to interim rate status or agreement with 738 |
---|
| 896 | + | the department, shall be issued such lower rate effective October 1, 2006. 739 |
---|
| 897 | + | For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect 740 |
---|
| 898 | + | for the period ending June 30, 2009, shall remain in effect until June 30, 741 |
---|
| 899 | + | Governor's Bill No. 1251 |
---|
| 900 | + | |
---|
| 901 | + | |
---|
| 902 | + | |
---|
| 903 | + | LCO No. 4290 24 of 38 |
---|
| 904 | + | |
---|
| 905 | + | 2011, except any facility that would have been issued a lower rate for 742 |
---|
| 906 | + | the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 743 |
---|
| 907 | + | 2011, due to interim rate status or agreement with the department, shall 744 |
---|
| 908 | + | be issued such lower rate, except (A) any facility that would have been 745 |
---|
| 909 | + | issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal 746 |
---|
| 910 | + | year ending June 30, 2011, due to interim rate status or agreement with 747 |
---|
| 911 | + | the Commissioner of Social Services shall be issued such lower rate; and 748 |
---|
| 912 | + | (B) the commissioner may increase a facility's rate for reasonable costs 749 |
---|
| 913 | + | associated with such facility's compliance with the provisions of section 750 |
---|
| 914 | + | 19a-495a concerning the administration of medication by unlicensed 751 |
---|
| 915 | + | personnel. For the fiscal year ending June 30, 2012, rates in effect for the 752 |
---|
| 916 | + | period ending June 30, 2011, shall remain in effect until June 30, 2012, 753 |
---|
| 917 | + | except that (i) any facility that would have been issued a lower rate for 754 |
---|
| 918 | + | the fiscal year ending June 30, 2012, due to interim rate status or 755 |
---|
| 919 | + | agreement with the Commissioner of Social Services shall be issued 756 |
---|
| 920 | + | such lower rate; and (ii) the commissioner may increase a facility's rate 757 |
---|
| 921 | + | for reasonable costs associated with such facility's compliance with the 758 |
---|
| 922 | + | provisions of section 19a-495a concerning the administration of 759 |
---|
| 923 | + | medication by unlicensed personnel. For the fiscal year ending June 30, 760 |
---|
| 924 | + | 2013, the Commissioner of Social Services may, within available 761 |
---|
| 925 | + | appropriations, provide a rate increase to a residential care home. Any 762 |
---|
| 926 | + | facility that would have been issued a lower rate for the fiscal year 763 |
---|
| 927 | + | ending June 30, 2013, due to interim rate status or agreement with the 764 |
---|
| 928 | + | Commissioner of Social Services shall be issued such lower rate. For the 765 |
---|
| 929 | + | fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner 766 |
---|
| 930 | + | of Social Services may provide fair rent increases to any facility that has 767 |
---|
| 931 | + | undergone a material change in circumstances related to fair rent and 768 |
---|
| 932 | + | has an approved certificate of need pursuant to section 17b-352, 17b-353, 769 |
---|
| 933 | + | 17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June 770 |
---|
| 934 | + | 30, 2015, for those facilities that have a calculated rate greater than the 771 |
---|
| 935 | + | rate in effect for the fiscal year ending June 30, 2013, the commissioner 772 |
---|
| 936 | + | may increase facility rates based upon available appropriations up to a 773 |
---|
| 937 | + | stop gain as determined by the commissioner. No facility shall be issued 774 |
---|
| 938 | + | a rate that is lower than the rate in effect on June 30, 2013, except that 775 |
---|
| 939 | + | Governor's Bill No. 1251 |
---|
| 940 | + | |
---|
| 941 | + | |
---|
| 942 | + | |
---|
| 943 | + | LCO No. 4290 25 of 38 |
---|
| 944 | + | |
---|
| 945 | + | any facility that would have been issued a lower rate for the fiscal year 776 |
---|
| 946 | + | ending June 30, 2014, or the fiscal year ending June 30, 2015, due to 777 |
---|
| 947 | + | interim rate status or agreement with the commissioner, shall be issued 778 |
---|
| 948 | + | such lower rate. For the fiscal year ending June 30, 2014, and each fiscal 779 |
---|
| 949 | + | year thereafter, a residential care home shall receive a rate increase for 780 |
---|
| 950 | + | any capital improvement made during the fiscal year for the health and 781 |
---|
| 951 | + | safety of residents and approved by the Department of Social Services, 782 |
---|
| 952 | + | provided such rate increase is within available appropriations. For the 783 |
---|
| 953 | + | fiscal year ending June 30, 2015, and each succeeding fiscal year 784 |
---|
| 954 | + | thereafter, costs of less than ten thousand dollars that are incurred by a 785 |
---|
| 955 | + | facility and are associated with any land, building or nonmovable 786 |
---|
| 956 | + | equipment repair or improvement that are reported in the cost year used 787 |
---|
| 957 | + | to establish the facility's rate shall not be capitalized for a period of more 788 |
---|
| 958 | + | than five years for rate-setting purposes. For the fiscal year ending June 789 |
---|
| 959 | + | 30, 2015, subject to available appropriations, the commissioner may, at 790 |
---|
| 960 | + | the commissioner's discretion: Increase the inflation cost limitation 791 |
---|
| 961 | + | under subsection (c) of section 17-311-52 of the regulations of 792 |
---|
| 962 | + | Connecticut state agencies, provided such inflation allowance factor 793 |
---|
| 963 | + | does not exceed a maximum of five per cent; establish a minimum rate 794 |
---|
| 964 | + | of return applied to real property of five per cent inclusive of assets 795 |
---|
| 965 | + | placed in service during cost year 2013; waive the standard rate of return 796 |
---|
| 966 | + | under subsection (f) of section 17-311-52 of the regulations of 797 |
---|
| 967 | + | Connecticut state agencies for ownership changes or health and safety 798 |
---|
| 968 | + | improvements that exceed one hundred thousand dollars and that are 799 |
---|
| 969 | + | required under a consent order from the Department of Public Health; 800 |
---|
| 970 | + | and waive the rate of return adjustment under subsection (f) of section 801 |
---|
| 971 | + | 17-311-52 of the regulations of Connecticut state agencies to avoid 802 |
---|
| 972 | + | financial hardship. For the fiscal years ending June 30, 2016, and June 803 |
---|
| 973 | + | 30, 2017, rates shall not exceed those in effect for the period ending June 804 |
---|
| 974 | + | 30, 2015, except the commissioner may, in the commissioner's discretion 805 |
---|
| 975 | + | and within available appropriations, provide pro rata fair rent increases 806 |
---|
| 976 | + | to facilities which have documented fair rent additions placed in service 807 |
---|
| 977 | + | in cost report years ending September 30, 2014, and September 30, 2015, 808 |
---|
| 978 | + | that are not otherwise included in rates issued. For the fiscal years 809 |
---|
| 979 | + | Governor's Bill No. 1251 |
---|
| 980 | + | |
---|
| 981 | + | |
---|
| 982 | + | |
---|
| 983 | + | LCO No. 4290 26 of 38 |
---|
| 984 | + | |
---|
| 985 | + | ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, 810 |
---|
| 986 | + | any facility that would have been issued a lower rate, due to interim rate 811 |
---|
| 987 | + | status, a change in allowable fair rent or agreement with the department, 812 |
---|
| 988 | + | shall be issued such lower rate. For the fiscal year ending June 30, 2018, 813 |
---|
| 989 | + | rates shall not exceed those in effect for the period ending June 30, 2017, 814 |
---|
| 990 | + | except the commissioner may, in the commissioner's discretion and 815 |
---|
| 991 | + | within available appropriations, provide pro rata fair rent increases to 816 |
---|
| 992 | + | facilities which have documented fair rent additions placed in service in 817 |
---|
| 993 | + | the cost report year ending September 30, 2016, that are not otherwise 818 |
---|
| 994 | + | included in rates issued. For the fiscal year ending June 30, 2019, rates 819 |
---|
| 995 | + | shall not exceed those in effect for the period ending June 30, 2018, 820 |
---|
| 996 | + | except the commissioner may, in the commissioner's discretion and 821 |
---|
| 997 | + | within available appropriations, provide pro rata fair rent increases to 822 |
---|
| 998 | + | facilities which have documented fair rent additions placed in service in 823 |
---|
| 999 | + | the cost report year ending September 30, 2017, that are not otherwise 824 |
---|
| 1000 | + | included in rates issued. For the fiscal year ending June 30, 2020, rates 825 |
---|
| 1001 | + | shall not exceed those in effect for the fiscal year ending June 30, 2019, 826 |
---|
| 1002 | + | except the commissioner may, in the commissioner's discretion and 827 |
---|
| 1003 | + | within available appropriations, provide pro rata fair rent increases to 828 |
---|
| 1004 | + | facilities which have documented fair rent additions placed in service in 829 |
---|
| 1005 | + | the cost report year ending September 30, 2018, that are not otherwise 830 |
---|
| 1006 | + | included in rates issued. For the fiscal year ending June 30, 2021, rates 831 |
---|
| 1007 | + | shall not exceed those in effect for the fiscal year ending June 30, 2020, 832 |
---|
| 1008 | + | except the commissioner may, in the commissioner's discretion and 833 |
---|
| 1009 | + | within available appropriations, provide pro rata fair rent increases to 834 |
---|
| 1010 | + | facilities which have documented fair rent additions placed in service in 835 |
---|
| 1011 | + | the cost report year ending September 30, 2019, that are not otherwise 836 |
---|
| 1012 | + | included in rates issued. For the fiscal year ending June 30, 2022, the 837 |
---|
| 1013 | + | commissioner may, in the commissioner's discretion and within 838 |
---|
| 1014 | + | available appropriations, provide pro rata fair rent increases to facilities 839 |
---|
| 1015 | + | that have documented fair rent additions placed in service in the cost 840 |
---|
| 1016 | + | report year ending September 30, 2020, that are not otherwise included 841 |
---|
| 1017 | + | in rates issued. For the fiscal year ending June 30, 2023, the 842 |
---|
| 1018 | + | commissioner may, in the commissioner's discretion and within 843 |
---|
| 1019 | + | Governor's Bill No. 1251 |
---|
| 1020 | + | |
---|
| 1021 | + | |
---|
| 1022 | + | |
---|
| 1023 | + | LCO No. 4290 27 of 38 |
---|
| 1024 | + | |
---|
| 1025 | + | available appropriations, provide pro rata fair rent increases to facilities 844 |
---|
| 1026 | + | which have documented fair rent additions placed in service in the cost 845 |
---|
| 1027 | + | report year ending September 30, 2021, that are not otherwise included 846 |
---|
| 1028 | + | in rates issued. For the fiscal years ending June 30, 2022, and June 30, 847 |
---|
| 1029 | + | 2023, a facility may receive a rate increase for a capital improvement 848 |
---|
| 1030 | + | approved by the Department of Social Services, for the health or safety 849 |
---|
| 1031 | + | of the residents during the fiscal year ending June 30, 2022, or June 30, 850 |
---|
| 1032 | + | 2023, only to the extent such rate increases are within available 851 |
---|
| 1033 | + | appropriations. For the fiscal year ending June 30, 2022, and June 30, 852 |
---|
| 1034 | + | 2023, rates shall be based upon rates in effect for the fiscal year ending 853 |
---|
| 1035 | + | June 30, 2021, inflated by the gross domestic product deflator applicable 854 |
---|
| 1036 | + | to each rate year, except the commissioner may, in the commissioner's 855 |
---|
| 1037 | + | discretion and within available appropriations, provide pro rata fair 856 |
---|
| 1038 | + | rent increases to facilities which have documented fair rent additions 857 |
---|
| 1039 | + | placed in service in the cost report years ending September 30, 2020, and 858 |
---|
| 1040 | + | September 30, 2021, that are not otherwise included in rates issued. For 859 |
---|
| 1041 | + | the fiscal years ending June 30, 2024, and June 30, 2025, a facility may 860 |
---|
| 1042 | + | receive a rate increase for a capital improvement approved by the 861 |
---|
| 1043 | + | Department of Social Services, for the health or safety of the residents 862 |
---|
| 1044 | + | during the fiscal year ending June 30, 2024, or June 30, 2025, only to the 863 |
---|
| 1045 | + | extent such rate increases are within available appropriations. For the 864 |
---|
| 1046 | + | fiscal year ending June 30, 2024, the department shall determine facility 865 |
---|
| 1047 | + | rates based upon 2022 cost report filings subject to the provisions of this 866 |
---|
| 1048 | + | section, adjusted to reflect any rate increases provided after the cost 867 |
---|
| 1049 | + | report year ending September 30, 2022. There shall be no increase to 868 |
---|
| 1050 | + | rates based on any inflationary factor for the fiscal year ending June 30, 869 |
---|
| 1051 | + | 2024. For the fiscal years ending June 30, 2026, and June 30, 2027, a 870 |
---|
| 1052 | + | facility may receive a rate increase for a capital improvement approved 871 |
---|
| 1053 | + | by the Department of Social Services, for the health or safety of the 872 |
---|
| 1054 | + | residents during the fiscal year ending June 30, 2026, or June 30, 2027, 873 |
---|
| 1055 | + | only to the extent such rate increases are within available 874 |
---|
| 1056 | + | appropriations. For the fiscal year ending June 30, 2026, the department 875 |
---|
| 1057 | + | shall determine facility rates based upon 2024 cost report filings subject 876 |
---|
| 1058 | + | to the provisions of this section, adjusted to reflect any rate increases 877 |
---|
| 1059 | + | Governor's Bill No. 1251 |
---|
| 1060 | + | |
---|
| 1061 | + | |
---|
| 1062 | + | |
---|
| 1063 | + | LCO No. 4290 28 of 38 |
---|
| 1064 | + | |
---|
| 1065 | + | provided after the cost report year ending September 30, 2024. For the 878 |
---|
| 1066 | + | fiscal year ending June 30, 2027, the department shall determine facility 879 |
---|
| 1067 | + | rates based upon 2025 cost report filings subject to the provisions of this 880 |
---|
| 1068 | + | section, adjusted to reflect any rate increases provided after the cost 881 |
---|
| 1069 | + | report year ending September 30, 2025. There shall be no increase to 882 |
---|
| 1070 | + | rates based on any inflationary factor for the fiscal years ending June 30, 883 |
---|
| 1071 | + | 2026, and June 30, 2027. Notwithstanding any other provisions of this 884 |
---|
| 1072 | + | chapter, any subsequent increase to allowable operating costs, 885 |
---|
| 1073 | + | excluding fair rent, shall be inflated by the gross domestic product 886 |
---|
| 1074 | + | deflator when funding is specifically appropriated for such purposes in 887 |
---|
| 1075 | + | the enacted budget. The rate of inflation shall be computed by 888 |
---|
| 1076 | + | comparing the most recent rate year to the average of the gross domestic 889 |
---|
| 1077 | + | product deflator for the previous four fiscal quarters ending March 890 |
---|
| 1078 | + | thirty-first. Any increase to rates based on inflation shall be applied 891 |
---|
| 1079 | + | prior to the application of any other budget adjustment factors that may 892 |
---|
| 1080 | + | impact such rates. The commissioner shall determine whether and to 893 |
---|
| 1081 | + | what extent a change in ownership of a facility shall occasion the 894 |
---|
| 1082 | + | rebasing of the facility's costs. There shall be no inflation adjustment 895 |
---|
| 1083 | + | during a year in which a facility's rates are rebased. For the fiscal year 896 |
---|
| 1084 | + | ending June 30, 2024, the commissioner may, in the commissioner's 897 |
---|
| 1085 | + | discretion and within available appropriations, provide pro rata fair 898 |
---|
| 1086 | + | rent increases to facilities that have documented fair rent additions 899 |
---|
| 1087 | + | placed in service in the cost report year ending September 30, 2022, that 900 |
---|
| 1088 | + | are not otherwise included in rates issued. For the fiscal year ending 901 |
---|
| 1089 | + | June 30, 2025, the commissioner may, in the commissioner's discretion 902 |
---|
| 1090 | + | and within available appropriations, provide pro rata fair rent increases 903 |
---|
| 1091 | + | to facilities that have documented fair rent additions placed in service 904 |
---|
| 1092 | + | in the cost report year ending September 30, 2023, that are not otherwise 905 |
---|
| 1093 | + | included in rates issued. For the fiscal year ending June 30, 2026, the 906 |
---|
| 1094 | + | commissioner may, in the commissioner's discretion and within 907 |
---|
| 1095 | + | available appropriations, provide pro rata fair rent increases to facilities 908 |
---|
| 1096 | + | that have documented fair rent additions placed in service in the cost 909 |
---|
| 1097 | + | report year ending September 30, 2024, that are not otherwise included 910 |
---|
| 1098 | + | in rates issued. For the fiscal year ending June 30, 2027, the 911 |
---|
| 1099 | + | Governor's Bill No. 1251 |
---|
| 1100 | + | |
---|
| 1101 | + | |
---|
| 1102 | + | |
---|
| 1103 | + | LCO No. 4290 29 of 38 |
---|
| 1104 | + | |
---|
| 1105 | + | commissioner may, in the commissioner's discretion and within 912 |
---|
| 1106 | + | available appropriations, provide pro rata fair rent increases to facilities 913 |
---|
| 1107 | + | that have documented fair rent additions placed in service in the cost 914 |
---|
| 1108 | + | report year ending September 30, 2025, that are not otherwise included 915 |
---|
| 1109 | + | in rates issued. 916 |
---|
| 1110 | + | Sec. 11. Subdivision (9) of subsection (a) of section 17b-340d of the 917 |
---|
| 1111 | + | general statutes is repealed and the following is substituted in lieu 918 |
---|
| 1112 | + | thereof (Effective July 1, 2025): 919 |
---|
| 1113 | + | (9) On and after July 1, 2025, costs shall be rebased no more frequently 920 |
---|
| 1114 | + | than every two years and no less frequently than every four years, as 921 |
---|
| 1115 | + | determined by the commissioner. There shall be no inflation adjustment 922 |
---|
| 1116 | + | during a year in which a facility's rates are rebased. The commissioner 923 |
---|
| 1117 | + | shall determine whether and to what extent a change in ownership of a 924 |
---|
| 1118 | + | facility shall occasion the rebasing of the facility's costs. There shall be 925 |
---|
| 1119 | + | no rebasing for the fiscal years ending June 30, 2026, and June 30, 2027. 926 |
---|
| 1120 | + | Sec. 12. Subdivision (11) of subsection (a) of section 17b-340d of the 927 |
---|
| 1121 | + | general statutes is repealed and the following is substituted in lieu 928 |
---|
| 1122 | + | thereof (Effective July 1, 2025): 929 |
---|
| 1123 | + | (11) There shall be no increase to rates based on inflation or any 930 |
---|
| 1124 | + | inflationary factor for the fiscal years ending June 30, 2022, and June 30, 931 |
---|
| 1125 | + | 2023, unless otherwise authorized under subdivision (1) of this 932 |
---|
| 1126 | + | subsection. Notwithstanding section 17-311-52 of the regulations of 933 |
---|
| 1127 | + | Connecticut state agencies, for the fiscal years ending June 30, 2024, 934 |
---|
| 1128 | + | [and] June 30, 2025, June 30, 2026, and June 30, 2027, there shall be no 935 |
---|
| 1129 | + | inflationary increases to rates beyond those already factored into the 936 |
---|
| 1130 | + | model for the transition to an acuity-based reimbursement system. 937 |
---|
| 1131 | + | Notwithstanding any other provisions of this chapter, any subsequent 938 |
---|
| 1132 | + | increase to allowable operating costs, excluding fair rent, shall be 939 |
---|
| 1133 | + | inflated by the gross domestic product deflator when funding is 940 |
---|
| 1134 | + | specifically appropriated for such purposes in the enacted budget. The 941 |
---|
| 1135 | + | rate of inflation shall be computed by comparing the most recent rate 942 |
---|
| 1136 | + | Governor's Bill No. 1251 |
---|
| 1137 | + | |
---|
| 1138 | + | |
---|
| 1139 | + | |
---|
| 1140 | + | LCO No. 4290 30 of 38 |
---|
| 1141 | + | |
---|
| 1142 | + | year to the average of the gross domestic product deflator for the 943 |
---|
| 1143 | + | previous four fiscal quarters ending March thirty-first. Any increase to 944 |
---|
| 1144 | + | rates based on inflation shall be applied prior to the application of any 945 |
---|
| 1145 | + | other budget adjustment factors that may impact such rates. 946 |
---|
| 1146 | + | Sec. 13. Subsection (i) of section 17b-342 of the general statutes is 947 |
---|
| 1147 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 948 |
---|
| 1148 | + | 2025): 949 |
---|
| 1149 | + | (i) (1) The Commissioner of Social Services shall, within available 950 |
---|
| 1150 | + | appropriations, administer a state-funded portion of the Connecticut 951 |
---|
| 1151 | + | home-care program for the elderly for persons (A) who are sixty-five 952 |
---|
| 1152 | + | years of age and older and are not eligible for Medicaid; (B) who are 953 |
---|
| 1153 | + | inappropriately institutionalized or at risk of inappropriate 954 |
---|
| 1154 | + | institutionalization; (C) whose income is less than or equal to the 955 |
---|
| 1155 | + | amount allowed for a person who would be eligible for medical 956 |
---|
| 1156 | + | assistance if residing in a nursing facility; and (D) whose assets, if single, 957 |
---|
| 1157 | + | do not exceed one hundred fifty per cent of the federal minimum 958 |
---|
| 1158 | + | community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) 959 |
---|
| 1159 | + | or, if married, the couple's assets do not exceed two hundred per cent of 960 |
---|
| 1160 | + | said community spouse protected amount. For program applications 961 |
---|
| 1161 | + | received by the Department of Social Services for the fiscal years ending 962 |
---|
| 1162 | + | June 30, 2016, and June 30, 2017, only persons who require the level of 963 |
---|
| 1163 | + | care provided in a nursing home shall be eligible for the state-funded 964 |
---|
| 1164 | + | portion of the program, except for persons residing in affordable 965 |
---|
| 1165 | + | housing under the assisted living demonstration project established 966 |
---|
| 1166 | + | pursuant to section 17b-347e who are otherwise eligible in accordance 967 |
---|
| 1167 | + | with this section. 968 |
---|
| 1168 | + | (2) Except for persons residing in affordable housing under the 969 |
---|
| 1169 | + | assisted living demonstration project established pursuant to section 970 |
---|
| 1170 | + | 17b-347e, as provided in subdivision (3) of this subsection, any person 971 |
---|
| 1171 | + | whose income is at or below two hundred per cent of the federal poverty 972 |
---|
| 1172 | + | level and who is ineligible for Medicaid shall contribute [three] five per 973 |
---|
| 1173 | + | cent of the cost of his or her care not to exceed a cap of one hundred 974 |
---|
| 1174 | + | Governor's Bill No. 1251 |
---|
| 1175 | + | |
---|
| 1176 | + | |
---|
| 1177 | + | |
---|
| 1178 | + | LCO No. 4290 31 of 38 |
---|
| 1179 | + | |
---|
| 1180 | + | seventy-five dollars per month for the fiscal year ending June 30, 2026. 975 |
---|
| 1181 | + | On July 1, 2026, and annually thereafter, said cap shall be indexed 976 |
---|
| 1182 | + | annually based on the percentage increase in the most recent calendar 977 |
---|
| 1183 | + | year average in the consumer price index for urban consumers over the 978 |
---|
| 1184 | + | average for the previous calendar year. Any person whose income 979 |
---|
| 1185 | + | exceeds two hundred per cent of the federal poverty level shall 980 |
---|
| 1186 | + | contribute [three] five per cent of the cost of his or her care not to exceed 981 |
---|
| 1187 | + | said cap in addition to the amount of applied income determined in 982 |
---|
| 1188 | + | accordance with the methodology established by the Department of 983 |
---|
| 1189 | + | Social Services for recipients of medical assistance. Any person who 984 |
---|
| 1190 | + | does not contribute to the cost of care in accordance with this 985 |
---|
| 1191 | + | subdivision shall be ineligible to receive services under this subsection. 986 |
---|
| 1192 | + | Notwithstanding any provision of sections 17b-60 and 17b-61, the 987 |
---|
| 1193 | + | department shall not be required to provide an administrative hearing 988 |
---|
| 1194 | + | to a person found ineligible for services under this subsection because 989 |
---|
| 1195 | + | of a failure to contribute to the cost of care. 990 |
---|
| 1196 | + | (3) Any person who resides in affordable housing under the assisted 991 |
---|
| 1197 | + | living demonstration project established pursuant to section 17b-347e 992 |
---|
| 1198 | + | and whose income is at or below two hundred per cent of the federal 993 |
---|
| 1199 | + | poverty level, shall not be required to contribute to the cost of care. Any 994 |
---|
| 1200 | + | person who resides in affordable housing under the assisted living 995 |
---|
| 1201 | + | demonstration project established pursuant to section 17b-347e and 996 |
---|
| 1202 | + | whose income exceeds two hundred per cent of the federal poverty 997 |
---|
| 1203 | + | level, shall contribute to the applied income amount determined in 998 |
---|
| 1204 | + | accordance with the methodology established by the Department of 999 |
---|
| 1205 | + | Social Services for recipients of medical assistance. Any person whose 1000 |
---|
| 1206 | + | income exceeds two hundred per cent of the federal poverty level and 1001 |
---|
| 1207 | + | who does not contribute to the cost of care in accordance with this 1002 |
---|
| 1208 | + | subdivision shall be ineligible to receive services under this subsection. 1003 |
---|
| 1209 | + | Notwithstanding any provision of sections 17b-60 and 17b-61, the 1004 |
---|
| 1210 | + | department shall not be required to provide an administrative hearing 1005 |
---|
| 1211 | + | to a person found ineligible for services under this subsection because 1006 |
---|
| 1212 | + | of a failure to contribute to the cost of care. 1007 |
---|
| 1213 | + | Governor's Bill No. 1251 |
---|
| 1214 | + | |
---|
| 1215 | + | |
---|
| 1216 | + | |
---|
| 1217 | + | LCO No. 4290 32 of 38 |
---|
| 1218 | + | |
---|
| 1219 | + | (4) The annualized cost of services provided to an individual under 1008 |
---|
| 1220 | + | the state-funded portion of the program shall not exceed fifty per cent 1009 |
---|
| 1221 | + | of the weighted average cost of care in nursing homes in the state, except 1010 |
---|
| 1222 | + | an individual who received services costing in excess of such amount 1011 |
---|
| 1223 | + | under the Department of Social Services in the fiscal year ending June 1012 |
---|
| 1224 | + | 30, 1992, may continue to receive such services, provided the annualized 1013 |
---|
| 1225 | + | cost of such services does not exceed eighty per cent of the weighted 1014 |
---|
| 1226 | + | average cost of such nursing home care. The commissioner may allow 1015 |
---|
| 1227 | + | the cost of services provided to an individual to exceed the maximum 1016 |
---|
| 1228 | + | cost established pursuant to this subdivision in a case of extreme 1017 |
---|
| 1229 | + | hardship, as determined by the commissioner, provided in no case shall 1018 |
---|
| 1230 | + | such cost exceed that of the weighted cost of such nursing home care. 1019 |
---|
| 1231 | + | Sec. 14. Section 17b-597 of the general statutes, as amended by section 1020 |
---|
| 1232 | + | 64 of public act 24-81, is repealed and the following is substituted in lieu 1021 |
---|
| 1233 | + | thereof (Effective July 1, 2025): 1022 |
---|
| 1234 | + | (a) The Department of Social Services shall establish and implement 1023 |
---|
| 1235 | + | a working persons with disabilities program to provide medical 1024 |
---|
| 1236 | + | assistance as authorized under 42 USC 1396a(a)(10)(A)(ii), as amended 1025 |
---|
| 1237 | + | from time to time, to persons who are disabled and regularly employed. 1026 |
---|
| 1238 | + | (b) The Commissioner of Social Services shall amend the Medicaid 1027 |
---|
| 1239 | + | state plan to allow persons specified in subsection (a) of this section to 1028 |
---|
| 1240 | + | qualify for medical assistance. The amendment shall include the 1029 |
---|
| 1241 | + | following requirements: (1) That the person be engaged in a substantial 1030 |
---|
| 1242 | + | and reasonable work effort as determined by the commissioner and as 1031 |
---|
| 1243 | + | permitted by federal law and have an annual adjusted gross income, as 1032 |
---|
| 1244 | + | defined in Section 62 of the Internal Revenue Code of 1986, or any 1033 |
---|
| 1245 | + | subsequent corresponding internal revenue code of the United States, 1034 |
---|
| 1246 | + | as amended from time to time, of not more than eighty-five thousand 1035 |
---|
| 1247 | + | dollars per year; (2) a disregard of all countable income up to two 1036 |
---|
| 1248 | + | hundred per cent of the federal poverty level; (3) for an unmarried 1037 |
---|
| 1249 | + | person, an asset limit of twenty thousand dollars, and for a married 1038 |
---|
| 1250 | + | couple, an asset limit of thirty thousand dollars; (4) a disregard of any 1039 |
---|
| 1251 | + | Governor's Bill No. 1251 |
---|
| 1252 | + | |
---|
| 1253 | + | |
---|
| 1254 | + | |
---|
| 1255 | + | LCO No. 4290 33 of 38 |
---|
| 1256 | + | |
---|
| 1257 | + | retirement and medical savings accounts established pursuant to 26 1040 |
---|
| 1258 | + | USC 220 and held by either the person or the person's spouse; (5) a 1041 |
---|
| 1259 | + | disregard of any moneys in accounts designated by the person or the 1042 |
---|
| 1260 | + | person's spouse for the purpose of purchasing goods or services that 1043 |
---|
| 1261 | + | will increase the employability of such person, subject to approval by 1044 |
---|
| 1262 | + | the commissioner; (6) a disregard of spousal income solely for purposes 1045 |
---|
| 1263 | + | of determination of eligibility; and (7) a contribution of any countable 1046 |
---|
| 1264 | + | income of the person or the person's spouse which exceeds two hundred 1047 |
---|
| 1265 | + | per cent of the federal poverty level, as adjusted for the appropriate 1048 |
---|
| 1266 | + | family size, equal to ten per cent of the excess minus any premiums paid 1049 |
---|
| 1267 | + | from income for health insurance by any family member, but which 1050 |
---|
| 1268 | + | does not exceed the maximum contribution allowable under Section 1051 |
---|
| 1269 | + | 201(a)(3) of Public Law 106-170, as amended from time to time. 1052 |
---|
| 1270 | + | [(c) Notwithstanding the provisions of subsection (b) of this section, 1053 |
---|
| 1271 | + | on and after July 1, 2026, the commissioner shall phase in the elimination 1054 |
---|
| 1272 | + | of income and asset limits for a participant in the program over four 1055 |
---|
| 1273 | + | fiscal years by annually increasing (1) the income limit prescribed in 1056 |
---|
| 1274 | + | subdivision (1) of subsection (b) of this section by ten thousand dollars, 1057 |
---|
| 1275 | + | and (2) the asset limit prescribed in subdivision (3) of subsection (b) of 1058 |
---|
| 1276 | + | this section by ten thousand dollars for an unmarried person and fifteen 1059 |
---|
| 1277 | + | thousand dollars for a married couple. On and after July 1, 2029, there 1060 |
---|
| 1278 | + | shall be no income or asset limit for eligibility for the program.] 1061 |
---|
| 1279 | + | [(d)] (c) The Commissioner of Social Services shall implement the 1062 |
---|
| 1280 | + | policies and procedures necessary to carry out the provisions of this 1063 |
---|
| 1281 | + | section while in the process of adopting such policies and procedures in 1064 |
---|
| 1282 | + | regulation form, provided notice of intent to adopt the regulations is 1065 |
---|
| 1283 | + | posted on the eRegulations System in accordance with section 17b-10. 1066 |
---|
| 1284 | + | The commissioner shall define "countable income" for purposes of 1067 |
---|
| 1285 | + | subsection (b) of this section which shall take into account impairment-1068 |
---|
| 1286 | + | related work expenses as defined in the Social Security Act. Such 1069 |
---|
| 1287 | + | policies and procedures shall be valid until the time final regulations are 1070 |
---|
| 1288 | + | effective. 1071 |
---|
| 1289 | + | Governor's Bill No. 1251 |
---|
| 1290 | + | |
---|
| 1291 | + | |
---|
| 1292 | + | |
---|
| 1293 | + | LCO No. 4290 34 of 38 |
---|
| 1294 | + | |
---|
| 1295 | + | Sec. 15. Section 19a-634 of the general statutes is repealed and the 1072 |
---|
| 1296 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1073 |
---|
| 1297 | + | (a) [The] On or before June 30, 2029, and every five years thereafter, 1074 |
---|
| 1298 | + | the Health Systems Planning Unit shall conduct, [on a biennial basis] 1075 |
---|
| 1299 | + | within available appropriations, a state-wide health care facility 1076 |
---|
| 1300 | + | utilization study. Such study may include an assessment of: (1) Current 1077 |
---|
| 1301 | + | availability and utilization of acute hospital care, hospital emergency 1078 |
---|
| 1302 | + | care, specialty hospital care, outpatient surgical care, primary care and 1079 |
---|
| 1303 | + | clinic care; (2) geographic areas and subpopulations that may be 1080 |
---|
| 1304 | + | underserved or have reduced access to specific types of health care 1081 |
---|
| 1305 | + | services; and (3) other factors that the unit deems pertinent to health care 1082 |
---|
| 1306 | + | facility utilization. Not later than June thirtieth of the year in which the 1083 |
---|
| 1307 | + | [biennial] quinquennial study is conducted, the Commissioner of 1084 |
---|
| 1308 | + | Health Strategy shall report, in accordance with section 11-4a, to the 1085 |
---|
| 1309 | + | Governor and the joint standing committees of the General Assembly 1086 |
---|
| 1310 | + | having cognizance of matters relating to public health and human 1087 |
---|
| 1311 | + | services on the findings of the study. Such report may also include the 1088 |
---|
| 1312 | + | unit's recommendations for addressing identified gaps in the provision 1089 |
---|
| 1313 | + | of health care services and recommendations concerning a lack of access 1090 |
---|
| 1314 | + | to health care services. 1091 |
---|
| 1315 | + | (b) The unit, in consultation with such other state agencies as the 1092 |
---|
| 1316 | + | commissioner deems appropriate, shall establish and maintain a state-1093 |
---|
| 1317 | + | wide health care facilities and services plan. Such plan may include, but 1094 |
---|
| 1318 | + | not be limited to: (1) An assessment of the availability of acute hospital 1095 |
---|
| 1319 | + | care, hospital emergency care, specialty hospital care, outpatient 1096 |
---|
| 1320 | + | surgical care, primary care and clinic care; (2) an evaluation of the unmet 1097 |
---|
| 1321 | + | needs of persons at risk and vulnerable populations as determined by 1098 |
---|
| 1322 | + | the commissioner; (3) a projection of future demand for health care 1099 |
---|
| 1323 | + | services and the impact that technology may have on the demand, 1100 |
---|
| 1324 | + | capacity or need for such services; and (4) recommendations for the 1101 |
---|
| 1325 | + | expansion, reduction or modification of health care facilities or services. 1102 |
---|
| 1326 | + | In the development of the plan, the unit shall consider the 1103 |
---|
| 1327 | + | recommendations of any advisory bodies which may be established by 1104 |
---|
| 1328 | + | Governor's Bill No. 1251 |
---|
| 1329 | + | |
---|
| 1330 | + | |
---|
| 1331 | + | |
---|
| 1332 | + | LCO No. 4290 35 of 38 |
---|
| 1333 | + | |
---|
| 1334 | + | the commissioner. The commissioner may also incorporate the 1105 |
---|
| 1335 | + | recommendations of authoritative organizations whose mission is to 1106 |
---|
| 1336 | + | promote policies based on best practices or evidence-based research. 1107 |
---|
| 1337 | + | The commissioner, in consultation with hospital representatives, shall 1108 |
---|
| 1338 | + | develop a process that encourages hospitals to incorporate the state-1109 |
---|
| 1339 | + | wide health care facilities and services plan into hospital long-range 1110 |
---|
| 1340 | + | planning and shall facilitate communication between appropriate state 1111 |
---|
| 1341 | + | agencies concerning innovations or changes that may affect future 1112 |
---|
| 1342 | + | health planning. The unit shall update the state-wide health care 1113 |
---|
| 1343 | + | facilities and services plan not less than once every [two] five years. 1114 |
---|
| 1344 | + | (c) For purposes of conducting the state-wide health care facility 1115 |
---|
| 1345 | + | utilization study and preparing the state-wide health care facilities and 1116 |
---|
| 1346 | + | services plan, the unit shall establish and maintain an inventory of all 1117 |
---|
| 1347 | + | health care facilities, the equipment identified in subdivisions (9) and 1118 |
---|
| 1348 | + | (10) of subsection (a) of section 19a-638, and services in the state, 1119 |
---|
| 1349 | + | including health care facilities that are exempt from certificate of need 1120 |
---|
| 1350 | + | requirements under subsection (b) of section 19a-638. The unit shall 1121 |
---|
| 1351 | + | develop an inventory questionnaire to obtain the following information: 1122 |
---|
| 1352 | + | (1) The name and location of the facility; (2) the type of facility; (3) the 1123 |
---|
| 1353 | + | hours of operation; (4) the type of services provided at that location; and 1124 |
---|
| 1354 | + | (5) the total number of clients, treatments, patient visits, procedures 1125 |
---|
| 1355 | + | performed or scans performed in a calendar year. The inventory shall 1126 |
---|
| 1356 | + | be completed [biennially] every five years by health care facilities and 1127 |
---|
| 1357 | + | providers and such health care facilities and providers shall not be 1128 |
---|
| 1358 | + | required to provide patient specific or financial data. 1129 |
---|
| 1359 | + | Sec. 16. Subsection (a) of section 38a-1060 of the general statutes is 1130 |
---|
| 1360 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 1131 |
---|
| 1361 | + | 2025): 1132 |
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| 1362 | + | (a) There is established an Office of the Behavioral Health Advocate 1133 |
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| 1363 | + | which shall be within the [Insurance Department for administrative 1134 |
---|
| 1364 | + | purposes only] Office of the Healthcare Advocate. 1135 |
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| 1365 | + | Governor's Bill No. 1251 |
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| 1366 | + | |
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| 1367 | + | |
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| 1368 | + | |
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| 1369 | + | LCO No. 4290 36 of 38 |
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| 1370 | + | |
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| 1371 | + | Sec. 17. Section 38a-1061 of the general statutes is repealed and the 1136 |
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| 1372 | + | following is substituted in lieu thereof (Effective July 1, 2025): 1137 |
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| 1373 | + | (a) [The Office of the Behavioral Health Advocate shall be under the 1138 |
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| 1374 | + | direction of the Behavioral Health Advocate who shall be appointed by 1139 |
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| 1375 | + | the Governor, with the approval of the General Assembly.] The 1140 |
---|
| 1376 | + | Behavioral Health Advocate shall be an elector of the state with 1141 |
---|
| 1377 | + | expertise and experience in the fields of mental or behavioral health 1142 |
---|
| 1378 | + | care, health insurance and advocacy for parity in mental and behavioral 1143 |
---|
| 1379 | + | health access and outcomes. [In addition to the Behavioral Health 1144 |
---|
| 1380 | + | Advocate, the Office of the Behavioral Health Advocate shall consist of 1145 |
---|
| 1381 | + | sufficient staff as the requirements and resources of the office permit, of 1146 |
---|
| 1382 | + | whom at least one shall be an attorney and at least one shall be a patient 1147 |
---|
| 1383 | + | care navigator.] 1148 |
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| 1384 | + | (b) The Governor shall make the initial appointment of the Behavioral 1149 |
---|
| 1385 | + | Health Advocate from a list of candidates prepared and submitted, not 1150 |
---|
| 1386 | + | later than February 1, 2024, to the Governor by the advisory committee 1151 |
---|
| 1387 | + | established pursuant to section 38a-1062. The Governor shall notify the 1152 |
---|
| 1388 | + | advisory committee of the pending expiration of the term of an 1153 |
---|
| 1389 | + | incumbent Behavioral Health Advocate not less than ninety days prior 1154 |
---|
| 1390 | + | to the final day of the Behavioral Health Advocate's term in office. If a 1155 |
---|
| 1391 | + | vacancy occurs in the position of Behavioral Health Advocate, the 1156 |
---|
| 1392 | + | Governor shall notify the advisory committee immediately of the 1157 |
---|
| 1393 | + | vacancy. The advisory committee shall meet to consider qualified 1158 |
---|
| 1394 | + | candidates for the position of Behavioral Health Advocate and shall 1159 |
---|
| 1395 | + | submit a list of not more than five candidates to the Governor ranked in 1160 |
---|
| 1396 | + | order of preference, not more than sixty days after receiving notice from 1161 |
---|
| 1397 | + | the Governor of the pending expiration of the Behavioral Health 1162 |
---|
| 1398 | + | Advocate's term or the occurrence of a vacancy. The Governor shall 1163 |
---|
| 1399 | + | designate, not more than sixty days after receipt of the list of candidates 1164 |
---|
| 1400 | + | from the advisory committee, one candidate from the list for the position 1165 |
---|
| 1401 | + | of Behavioral Health Advocate. If, after the list is submitted to the 1166 |
---|
| 1402 | + | Governor by the advisory committee, any candidate withdraws from 1167 |
---|
| 1403 | + | consideration, the Governor shall designate a candidate from those 1168 |
---|
| 1404 | + | Governor's Bill No. 1251 |
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| 1405 | + | |
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| 1406 | + | |
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| 1407 | + | |
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| 1408 | + | LCO No. 4290 37 of 38 |
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| 1409 | + | |
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| 1410 | + | remaining on the list. If the Governor fails to designate a candidate 1169 |
---|
| 1411 | + | within sixty days of receipt of the list from the advisory committee, the 1170 |
---|
| 1412 | + | advisory committee shall refer the candidate with the highest ranking 1171 |
---|
| 1413 | + | on the list to the General Assembly for confirmation. If the General 1172 |
---|
| 1414 | + | Assembly is not in session at the time of the [Governor's or] advisory 1173 |
---|
| 1415 | + | committee's designation of a candidate, the candidate shall serve as the 1174 |
---|
| 1416 | + | acting Behavioral Health Advocate until the General Assembly meets 1175 |
---|
| 1417 | + | and confirms the candidate as Behavioral Health Advocate. A candidate 1176 |
---|
| 1418 | + | serving as acting Behavioral Health Advocate is entitled to 1177 |
---|
| 1419 | + | compensation and has all the powers, duties and privileges of the 1178 |
---|
| 1420 | + | Behavioral Health Advocate. A Behavioral Health Advocate shall serve 1179 |
---|
| 1421 | + | a term of four years, not including any time served as acting Behavioral 1180 |
---|
| 1422 | + | Health Advocate, and may be reappointed by the Governor or shall 1181 |
---|
| 1423 | + | remain in the position until a successor is confirmed. Although an 1182 |
---|
| 1424 | + | incumbent Behavioral Health Advocate may be reappointed, the 1183 |
---|
| 1425 | + | Governor shall also consider additional candidates from a list submitted 1184 |
---|
| 1426 | + | by the advisory committee as provided in this section. 1185 |
---|
| 1427 | + | [(c) Upon a vacancy in the position of the Behavioral Health 1186 |
---|
| 1428 | + | Advocate, the most senior attorney in the Office of the Behavioral 1187 |
---|
| 1429 | + | Health Advocate shall serve as the acting Behavioral Health Advocate 1188 |
---|
| 1430 | + | until the vacancy is filled pursuant to subsection (a) or (b) of this section. 1189 |
---|
| 1431 | + | The acting Behavioral Health Advocate has all the powers, duties and 1190 |
---|
| 1432 | + | privileges of the Behavioral Health Advocate.] 1191 |
---|
| 1433 | + | Sec. 18. Subdivision (3) of subsection (d) of section 4-28f of the general 1192 |
---|
| 1434 | + | statutes is repealed and the following is substituted in lieu thereof 1193 |
---|
| 1435 | + | (Effective July 1, 2025): 1194 |
---|
| 1436 | + | (3) After such recommendations for the authorization of 1195 |
---|
| 1437 | + | disbursement have been approved or modified pursuant to subdivision 1196 |
---|
| 1438 | + | (2) of this subsection, any modification in the amount of an authorized 1197 |
---|
| 1439 | + | disbursement in excess of [fifty] one hundred seventy-five thousand 1198 |
---|
| 1440 | + | dollars [or ten per cent of the authorized amount, whichever is less,] 1199 |
---|
| 1441 | + | shall be submitted to said joint standing committees and approved, 1200 |
---|
| 1442 | + | Governor's Bill No. 1251 |
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| 1443 | + | |
---|
| 1444 | + | |
---|
| 1445 | + | |
---|
| 1446 | + | LCO No. 4290 38 of 38 |
---|
| 1447 | + | |
---|
| 1448 | + | modified or rejected in accordance with the procedure set forth in 1201 |
---|
| 1449 | + | subdivision (2) of this subsection. Notification of all disbursements from 1202 |
---|
| 1450 | + | the trust fund made pursuant to this section shall be sent to the joint 1203 |
---|
| 1451 | + | standing committees of the General Assembly having cognizance of 1204 |
---|
| 1452 | + | matters relating to public health and appropriations and the budgets of 1205 |
---|
| 1453 | + | state agencies, through the Office of Fiscal Analysis. 1206 |
---|